2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 50 - (5001 - 5021) JUDGMENTS GENERALLY
5019 - Validity and correction of judgment or order; amendment of docket.


NY CPLR § 5019 (2012) What's This?
 
    §  5019.  Validity  and  correction of judgment or order; amendment of
  docket. (a) Validity and correction of judgment or order. A judgment  or
  order  shall  not be stayed, impaired or affected by any mistake, defect
  or irregularity in the papers or procedures in the action not  affecting
  a  substantial  right  of  a  party.  A  trial or an appellate court may
  require the mistake, defect or irregularity to be cured.
    (b) Subsequent judgment or order affecting judgment or  lien.  When  a
  docketed  judgment  or  the  lien  thereof  is  affected in any way by a
  subsequent order or judgment or retaxation of costs, the  clerk  of  the
  court  in which the judgment was entered shall make an appropriate entry
  on the docket of the judgment. In the case of  a  judgment  of  a  court
  other than the supreme, county or a family court which has been docketed
  by  the  clerk  of the county in which it was entered, such county clerk
  shall make an appropriate entry on his  docket  upon  the  filing  of  a
  certified  copy  of  the  order  or  judgment  effecting the change or a
  certificate of the change issued by the clerk of the court in which  the
  judgment  was entered. Unless the order or judgment effecting the change
  otherwise provides, the duration of the judgment lien on  real  property
  shall be measured from the filing of the judgment-roll.
    (c)  Change  in  judgment  creditor.    A  person other than the party
  recovering a judgment who becomes entitled to enforce it, shall file  in
  the  office  of the clerk of the court in which the judgment was entered
  or, in the case of a judgment of a court other than the supreme,  county
  or  a family court which has been docketed by the clerk of the county in
  which it was entered, in the office of such county clerk, a copy of  the
  instrument  on  which  his  authority is based, acknowledged in the form
  required to entitle a deed to be recorded, or, if his authority is based
  on a court order, a certified copy of the order. Upon  such  filing  the
  clerk shall make an appropriate entry on his docket of the judgment.
    (d)  Certificate of county clerk.  Upon the filing of a certificate of
  change of the docket of any judgment docketed  with  the  clerk  of  the
  county  in  which it was entered, issued by such county clerk, the clerk
  of any court or county where the judgment has been docketed  shall  make
  an appropriate entry on his docket of the judgment.

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