ENFORCEMENT OF JUDGMENTS AND ORDERS
5101. Enforcement of money judgment or order.
5102. Enforcement of judgment or order awarding possession of
real property or a chattel.
5103. Enforcement of judgment or order directing sale of real
property.
(a) Entry in county where real property situated.
(b) Place and mode of sale; security.
5104. Enforcement of judgment or order by contempt.
5105. Alternative enforcement of judgment or order.
5106. Appointment of receiver.
5107. Conveyance by sheriff.
S 5101. Enforcement of money judgment or order. A money judgment and
an order directing the payment of money, including motion costs, may be
enforced as prescribed in article fifty-two. An order of support,
alimony or maintenance of any court of competent jurisdiction where
arrears/past-due support have not been reduced to judgment, including
motion costs, may be enforced as prescribed in article fifty-two upon
the default of a debtor as such term is defined in paragraph seven of
subdivision (a) of section fifty-two hundred forty-one of this article,
except that for the purposes of this section only, a default shall not
be founded upon retroactive child support obligations as defined in
paragraph (a) of subdivision one of section four hundred forty of the
family court act and subdivision one of section two hundred forty, and
paragraph b of subdivision nine of section two hundred thirty-six of the
domestic relations law. The establishment of a default shall be subject
to the procedures established for the determination of a mistake of fact
for income executions pursuant to subdivision (e) of section fifty-two
hundred forty-one of this article.
S 5102. Enforcement of judgment or order awarding possession of real
property or a chattel. A judgment or order, or a part thereof, awarding
possession of real property or a chattel may be enforced by an
execution, which shall particularly describe the property and designate
the party to whom the judgment or order awards its possession. The
execution shall comply with the provisions of section 5230, except that
it shall direct the sheriff to deliver possession of the property to the
party designated. In an action to recover a chattel, where the judgment
awards possession of the chattel and in the alternative its value, the
execution shall also direct the sheriff, if the chattel cannot be found
within his county, to levy upon real and personal property as upon an
execution to enforce a money judgment. After the death of a party
against whom a judgment or order awarding possession of real property
has been obtained, an order granting leave to issue such execution may
be granted upon twenty days` notice, to be served in the same manner as
a summons, to the occupants of the real property and to the heirs or
devisees of the deceased party.
S 5103. Enforcement of judgment or order directing sale of real
property. (a) Entry in county where real property situated. Where real
property directed by a judgment or order to be sold is not situated in
the county in which the judgment or order is entered, the judgment or
order shall also be entered by the clerk of the county in which the
property is situated upon filing with him a certified copy of the
judgment or order. A purchaser of the property is not required to pay
the purchase money or accept a deed until the judgment or order is so
entered.
(b) Place and mode of sale; security. Where a judgment or order
directs that real property shall be sold, it shall be sold in such
manner as the judgment or order may direct in the county where it is
situated by the sheriff of that county or by a referee appointed by the
court for the purpose. If the property is situated in more than one
county, it may be sold in a county in which any part is situated unless
the judgment or order directs otherwise. If a referee is appointed to
sell the property, the court may require him to give an undertaking in
an amount fixed by it for the proper application of the proceeds of the
sale. The conveyance shall specify in the granting clause the party
whose right, title or interest is directed to be sold by the judgment or
order and is being conveyed.
Top of Page
Article 51, Continued . . .
S 5104. Enforcement of judgment or order by contempt. Any
interlocutory or final judgment or order, or any part thereof, not
enforceable under either article fifty-two or section 5102 may be
enforced by serving a certified copy of the judgment or order upon the
party or other person required thereby or by law to obey it and, if he
refuses or wilfully neglects to obey it, by punishing him for a contempt
of the court.
S 5105. Alternative enforcement of judgment or order. An interlocutory
or final judgment or order, or any part thereof, may be enforced either
by the method prescribed in article fifty-two or that prescribed in
section 5104, or both, where such judgment or part:
1. requires the payment of money into court or to an officer of, or
receiver appointed by, the court, except where the money is due upon an
express or implied contract or as damages for non-performance of a
contract; or
2. requires a trustee or person acting in a fiduciary relationship to
pay a sum of money for a willful default or dereliction of his duty.
S 5106. Appointment of receiver. A court, by or after judgment, may
appoint a receiver of property which is the subject of an action, to
carry the judgment into effect or to dispose of the property according
to its directions. Unless the court otherwise orders, such a
receivership shall be subject to the provisions of article sixty-four.
S 5107. Conveyance by sheriff. The court may require the sheriff to
convey real property in conformity with its directions.