2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 52 - (5201 - 5253) ENFORCEMENT OF MONEY JUDGMENTS
5203 - Priorities and liens upon real property.


NY CPLR § 5203 (2012) What's This?
 
    § 5203. Priorities and liens upon real property. (a) Priority and lien
  on docketing judgment. No transfer of an interest of the judgment debtor
  in  real  property,  against  which  property  a  money  judgment may be
  enforced, is effective against the judgment  creditor  either  from  the
  time  of  the  docketing of the judgment with the clerk of the county in
  which the property is located  until  ten  years  after  filing  of  the
  judgment-roll,  or  from  the  time  of  the filing with such clerk of a
  notice of levy pursuant to an execution until the execution is returned,
  except:
    1. a transfer or the payment of the proceeds of a judicial sale, which
  shall include an execution sale, in satisfaction either  of  a  judgment
  previously  so docketed or of a judgment where a notice of levy pursuant
  to an execution thereon was previously so filed; or
    2. a transfer in satisfaction  of  a  mortgage  given  to  secure  the
  payment  of  the purchase price of the judgment debtor's interest in the
  property; or
    3. a transfer to a purchaser for value at a judicial sale, which shall
  include an execution sale; or
    4. when the judgment was entered  after  the  death  of  the  judgment
  debtor; or
    5.  when  the  judgment  debtor  is the state, an officer, department,
  board or commission of the state, or a municipal corporation; or
    6. when the judgment  debtor  is  the  personal  representative  of  a
  decedent  and  the  judgment was awarded in an action against him in his
  representative capacity.
    (b) Extension of lien. Upon motion  of  the  judgment  creditor,  upon
  notice  to  the  judgment  debtor, served personally or by registered or
  certified mail, return receipt requested, to the last known  address  of
  the  judgment  debtor,  the  court  may  order  that the lien of a money
  judgment upon real property be effective after  the  expiration  of  ten
  years  from the filing of the judgment-roll, for a period no longer than
  the time during which the judgment creditor was  stayed  from  enforcing
  the  judgment,  or the time necessary to complete advertisement and sale
  of real property  in  accordance  with  section  5236,  pursuant  to  an
  execution  delivered  to  a sheriff prior to the expiration of ten years
  from the filing of the judgment-roll. The order shall be effective  from
  the  time it is filed with the clerk of the county in which the property
  is located and an appropriate entry is  made  upon  the  docket  of  the
  judgment.
    (c) Notwithstanding any other provision of law, where a court makes an
  oral  or  written  determination  on the record awarding ownership of an
  interest  in  real  property,   and   a   judgment   effectuating   such
  determination  is  docketed  with  the clerk of the county in which such
  property  is  located  not  later  than  thirty  days  thereafter,  such
  judgement  shall  be  deemed entered and docketed on the day immediately
  preceding  the  date  of  such  determination  solely  for  purposes  of
  establishing  the  priority  thereof  against  a  judicial  lien on such
  property created upon the simultaneous or later filing of a petition  in
  bankruptcy pursuant to the United States bankruptcy code, as amended.

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