2013 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 52 - (5201 - 5253) ENFORCEMENT OF MONEY JUDGMENTS
5208 - Enforcement after death of judgment debtor; leave of court; extension of lien.


NY CPLR § 5208 (2012) What's This?
 
    §  5208.  Enforcement  after death of judgment debtor; leave of court;
  extension of lien.  Except where otherwise prescribed by law, after  the
  death of a judgment debtor, an execution upon a money judgment shall not
  be  levied  upon any debt owed to him or any property in which be has an
  interest, nor shall any other enforcement procedure be  undertaken  with
  respect  to  such debt or property, except upon leave of the surrogate's
  court which granted letters testamentary or  letters  of  administration
  upon  the  estate. If such letters have not been granted within eighteen
  months after the death, leave to issue such an  execution  or  undertake
  such enforcement procedure may thereafter be granted, upon motion of the
  judgment  creditor  upon  such  notice  as the court may require, by any
  court from which the execution could issue or in which  the  enforcement
  procedure  could  be  commenced.  A  judgment lien existing against real
  property at the time of a judgment debtor's death shall expire two years
  thereafter or ten years after filing of the judgment-roll, whichever  is
  later.

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