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N.Y. CPLR § 5019

N.Y. CPLR § 5019 - Validity and Correction of Judgment or Order Amendment of Docket (2024)

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Verbatim reference text. This is the full, unedited text of N.Y. CPLR § 5019, provided for reference only — it is not legal advice, and Divorce.law is not a law firm. Always confirm current wording against the official source.

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 5019 Validity and correction of judgment or order; amendment ofdocket § 5019. Validity and correction of judgment or order; amendment ofdocket. (a) Validity and correction of judgment or order. A judgment ororder shall not be stayed, impaired or affected by any mistake, defector irregularity in the papers or procedures in the action not affectinga substantial right of a party. A trial or an appellate court mayrequire the mistake, defect or irregularity to be cured.(b) Subsequent judgment or order affecting judgment or lien. When adocketed judgment or the lien thereof is affected in any way by asubsequent order or judgment or retaxation of costs, the clerk of thecourt in which the judgment was entered shall make an appropriate entryon the docket of the judgment. In the case of a judgment of a courtother than the supreme, county or a family court which has been docketedby the clerk of the county in which it was entered, such county clerkshall make an appropriate entry on his docket upon the filing of acertified copy of the order or judgment effecting the change or acertificate of the change issued by the clerk of the court in which thejudgment was entered. Unless the order or judgment effecting the changeotherwise provides, the duration of the judgment lien on real propertyshall be measured from the filing of the judgment-roll.(c) Change in judgment creditor. A person other than the partyrecovering a judgment who becomes entitled to enforce it, shall file inthe office of the clerk of the court in which the judgment was enteredor, in the case of a judgment of a court other than the supreme, countyor a family court which has been docketed by the clerk of the county inwhich it was entered, in the office of such county clerk, a copy of theinstrument on which his author han the supreme, countyor a family court which has been docketed by the clerk of the county inwhich it was entered, in the office of such county clerk, a copy of theinstrument on which his authority is based, acknowledged in the formrequired to entitle a deed to be recorded, or, if his authority is basedon a court order, a certified copy of the order. Upon such filing theclerk shall make an appropriate entry on his docket of the judgment.This subdivision shall not apply when there is a change to the owner ofa debt through a sale, assignment, or other transfer where no judgmentexists.(d) Certificate of county clerk. Upon the filing of a certificate ofchange of the docket of any judgment docketed with the clerk of thecounty in which it was entered, issued by such county clerk, the clerkof any court or county where the judgment has been docketed shall makean appropriate entry on his docket of the judgment.