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Senate Bill S4585A

2011-2012 Legislative Session

Relates to the judgment lien on real property in an action upon a money judgment; repealer

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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Bill Amendments

2011-S4585 - Details

Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§5014 & 5203, rpld §5235, CPLR

2011-S4585 - Summary

Relates to the judgement lien on real property in an action upon a money judgment.

2011-S4585 - Sponsor Memo

2011-S4585 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4585

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 13, 2011
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed to the Committee on Judiciary

AN  ACT  to  amend  the civil practice law and rules, in relation to the
  judgment lien on real property in an action upon a money judgment  and
  to  repeal  certain  provisions of such law relating to levy upon real
  property

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  5014  of  the  civil practice law and rules, the
section heading and the opening paragraph, as amended by chapter 115  of
the laws of 1965, subdivision 2 as amended by chapter 485 of the laws of
1964  and  the  closing paragraph as added by chapter 123 of the laws of
1986, is amended to read as follows:
  S 5014. Action upon judgment. Except as permitted by section 15-102 of
the general obligations law, an action upon a money judgment entered  in
a court of the state may only be maintained between the original parties
to the judgment where:
  1.  [ten years have elapsed since the first docketing of the judgment;
or
  2.] the judgment was entered against the defendant by default for want
of appearance and the summons was served other than by personal delivery
to [him] THE DEFENDANT or to his OR HER  agent  for  service  designated
under rule 318, either within or without the state; or
  [3.]  2.  the  court  in  which  the action is sought to be brought so
orders on motion with such notice to such other persons as the court may
direct.
  [An action may be commenced under  subdivision  one  of  this  section
during  the  year  prior  to the expiration of ten years since the first
docketing of the judgment. The judgment in such action shall  be  desig-
nated a renewal judgment and shall be so docketed by the clerk. The lien

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09314-01-1
              

2011-S4585A (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§5014 & 5203, rpld §5235, CPLR

2011-S4585A (ACTIVE) - Summary

Relates to the judgement lien on real property in an action upon a money judgment.

2011-S4585A (ACTIVE) - Sponsor Memo

2011-S4585A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4585--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 13, 2011
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed  to the Committee on Judiciary -- recommitted to the Commit-
  tee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the civil practice law and rules,  in  relation  to  the
  judgment  lien on real property in an action upon a money judgment and
  to repeal certain provisions of such law relating to  levy  upon  real
  property

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 5014 of the  civil  practice  law  and  rules,  the
section  heading and the opening paragraph, as amended by chapter 115 of
the laws of 1965, subdivision 2 as amended by chapter 485 of the laws of
1964 and the closing paragraph as added by chapter 123 of  the  laws  of
1986, is amended to read as follows:
  S 5014. Action upon judgment. Except as permitted by section 15-102 of
the  general obligations law, an action upon a money judgment entered in
a court of the state may only be maintained between the original parties
to the judgment where:
  1. [ten years have elapsed since the first docketing of the  judgment;
or
  2.] the judgment was entered against the defendant by default for want
of appearance and the summons was served other than by personal delivery
to  [him]  THE  DEFENDANT  or to his OR HER agent for service designated
under rule 318, either within or without the state; or
  [3.] 2. the court in which the action  is  sought  to  be  brought  so
orders on motion with such notice to such other persons as the court may
direct.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09314-02-1

              

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