Legislation
SECTION 5105
Alternative enforcement of judgment or order
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 51
§ 5105. Alternative enforcement of judgment or order. An interlocutory
or final judgment or order, or any part thereof, may be enforced either
by the method prescribed in article fifty-two or that prescribed in
section 5104, or both, where such judgment or part:
1. requires the payment of money into court or to an officer of, or
receiver appointed by, the court, except where the money is due upon an
express or implied contract or as damages for non-performance of a
contract; or
2. requires a trustee or person acting in a fiduciary relationship to
pay a sum of money for a willful default or dereliction of his duty.
or final judgment or order, or any part thereof, may be enforced either
by the method prescribed in article fifty-two or that prescribed in
section 5104, or both, where such judgment or part:
1. requires the payment of money into court or to an officer of, or
receiver appointed by, the court, except where the money is due upon an
express or implied contract or as damages for non-performance of a
contract; or
2. requires a trustee or person acting in a fiduciary relationship to
pay a sum of money for a willful default or dereliction of his duty.