2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 50 - (5001 - 5021) JUDGMENTS GENERALLY
5021 - Entry of satisfaction.


NY CPLR § 5021 (2012) What's This?
 
    §  5021.  Entry  of satisfaction.   (a) Entry upon satisfaction-piece,
  court order, deposit into court, discharge of compounding joint  debtor.
  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, such county clerk, shall make an entry of the  satisfaction  or
  partial satisfaction on the docket of the judgment upon:
    1.  the  filing of a satisfaction-piece or partial satisfaction-piece;
  or
    2. the order of the court, made upon motion with such notice to  other
  persons  as  the court may require, when the judgment has been wholly or
  partially satisfied but the judgment debtor  cannot  furnish  the  clerk
  with a satisfaction-piece or partial satisfaction-piece; or
    3.  the  deposit  with  the clerk of a sum of money which satisfies or
  partially satisfies the judgment pursuant to an order of the court, made
  upon motion with such notice to other persons as the court may  require,
  permitting  such  deposit;  such  an  order shall not be made unless the
  court is satisfied that there are no  outstanding  executions  on  which
  sheriff's fees have not been paid; or
    4.  the  filing  of  an  instrument  specified in article eight of the
  debtor and creditor law, executed by a creditor releasing or discharging
  a compounding joint debtor; in such case, the entry on the docket of the
  judgment  shall  state  that  the  judgment  is  satisfied  as  to   the
  compounding debtor only.
    (b)  Entry  upon  return  of  execution.    A  sheriff shall return an
  execution to the clerk of the court from which the execution  issued  if
  such  execution  is  wholly  or partially satisfied, and the clerk shall
  make an appropriate entry on his docket of  the  judgment.  The  sheriff
  shall  also  deliver  to  the  person  making  payment,  upon request, a
  certified copy of the execution and of the  return  of  satisfaction  or
  partial satisfaction. Upon the filing of such copy with the clerk of the
  county  where  the  execution  was  satisfied,  such  clerk  shall enter
  satisfaction or partial satisfaction on  his  docket  of  the  judgment.
  Provided however that, in addition, a return of execution arising out of
  an  action  brought  pursuant  to  article eighteen of the New York city
  civil court act, article eighteen of the uniform city court act, article
  eighteen of the uniform district court act, or article eighteen  of  the
  uniform  justice  court  act shall be made and entered whether wholly or
  partially satisfied, or unsatisfied, within ninety days after receipt of
  the judgment by the sheriff and the  clerk  shall  make  an  appropriate
  entry on his docket of the judgment.
    (c)  Entry  upon  certificate. Upon the filing of a certificate of the
  clerk of the county in which the judgment was entered, stating that  the
  judgment  has been wholly or partially satisfied, the clerk of any court
  or county where a judgment has been docketed shall make  an  appropriate
  entry on his docket of the judgment.

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