2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 52 - (5201 - 5253) ENFORCEMENT OF MONEY JUDGMENTS
5221 - Where enforcement proceeding commenced.


NY CPLR § 5221 (2012) What's This?
 
    §  5221. Where enforcement proceeding commenced.  (a) Court and county
  in which proceeding commenced.  1. If the judgment sought to be enforced
  was entered in the city court of any city outside the city of New  York,
  and  the  respondent resides or is regularly employed or has a place for
  the regular transaction of business in person within the county in which
  the court is or was located, a special  proceeding  authorized  by  this
  article  shall be commenced in that court or in the county court of that
  county.
    2. If the judgment sought to be enforced was  entered  in  a  district
  court,  or  by a justice of the peace whose office has been or is by law
  to be abolished and whose jurisdiction has been  or  is  by  law  to  be
  superseded  by  a  district  court,  and  the  respondent  resides or is
  regularly employed or  has  a  place  for  the  regular  transaction  of
  business  in  person  within  the county in which such district court is
  established, a special proceeding authorized by this  article  shall  be
  commenced in such district court.
    3.  If the judgment sought to be enforced was entered in the municipal
  court of the city of New York, the city court of the city of New York or
  the civil court of the city of New York, and the respondent  resides  or
  is  regularly  employed  or  has  a place for the regular transaction of
  business in person within that city, a special proceeding authorized  by
  this  article  shall  be commenced in the civil court of the city of New
  York.
    4. In any other case, if  the  judgment  sought  to  be  enforced  was
  entered  in  any court of this state, a special proceeding authorized by
  this article shall be commenced, either in the supreme court or a county
  court, in a county in which  the  respondent  resides  or  is  regularly
  employed  or  has  a  place  for  the regular transaction of business in
  person or, if there is no such county, in any county in which he may  be
  served or the county in which the judgment was entered.
    5.  If  no  court  in  which  a  special proceeding authorized by this
  article could be commenced is in session, the special proceeding may  be
  commenced  in  the  supreme court or a county court in any county within
  the judicial  district  in  which  the  proceeding  could  otherwise  be
  commenced  or in any county adjoining the county in which the proceeding
  could otherwise be commenced.
    (b) Notices, subpoenas and motions.  A notice or  subpoena  authorized
  by  this  article  may  be  issued from, and a motion authorized by this
  article may be made before, any court  in  which  a  special  proceeding
  authorized  by this article could be commenced if the person served with
  the notice, subpoena or notice of motion were respondent.

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