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This entry was published on 2014-09-22
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SECTION 5202
Judgment creditor's rights in personal property
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 52
§ 5202. Judgment creditor's rights in personal property. (a)
Execution creditor's rights. Where a judgment creditor has delivered an
execution to a sheriff, the judgment creditor's rights in a debt owed to
the judgment debtor or in an interest of the judgment debtor in personal
property, against which debt or property the judgment may be enforced,
are superior to the extent of the amount of the execution to the rights
of any transferee of the debt or property, except:

1. a transferee who acquired the debt or property for fair
consideration before it was levied upon; or

2. a transferee who acquired a debt or personal property not capable
of delivery for fair consideration after it was levied upon without
knowledge of the levy.

(b) Other judgment creditor's rights. Where a judgment creditor has
secured an order for delivery of, payment of, or appointment of a
receiver of, a debt owed to the judgment debtor or an interest of the
judgment debtor in personal property, the judgment creditor's rights in
the debt or property are superior to the rights of any transferee of the
debt or property, except a transferee who acquired the debt or property
for fair consideration and without notice of such order.