N.Y. CPLR § 5021

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 5021 Entry of satisfaction § 5021. Entry of satisfaction. (a) Entry upon satisfaction-piece,court order, deposit into court, discharge of compounding joint debtor.The clerk of the court in which the judgment was entered or, in the caseof a judgment of a court other than the supreme, county or a familycourt which has been docketed by the clerk of the county in which it wasentered, such county clerk, shall make an entry of the satisfaction orpartial satisfaction on the docket of the judgment upon:1. the filing of a satisfaction-piece or partial satisfaction-piece;or2. the order of the court, made upon motion with such notice to otherpersons as the court may require, when the judgment has been wholly orpartially satisfied but the judgment debtor cannot furnish the clerkwith a satisfaction-piece or partial satisfaction-piece; or3. the deposit with the clerk of a sum of money which satisfies orpartially satisfies the judgment pursuant to an order of the court, madeupon motion with such notice to other persons as the court may require,permitting such deposit; such an order shall not be made unless thecourt is satisfied that there are no outstanding executions on whichsheriff's fees have not been paid; or4. the filing of an instrument specified in article eight of thedebtor and creditor law, executed by a creditor releasing or discharginga compounding joint debtor; in such case, the entry on the docket of thejudgment shall state that the judgment is satisfied as to thecompounding debtor only.(b) Entry upon return of execution. A sheriff shall return anexecution to the clerk of the court from which the execution issued ifsuch execution is wholly or partially satisfied, and the clerk shallmake an appropriate entry on his docket of the judgment. The sheriffshall also the court from which the execution issued ifsuch execution is wholly or partially satisfied, and the clerk shallmake an appropriate entry on his docket of the judgment. The sheriffshall also deliver to the person making payment, upon request, acertified copy of the execution and of the return of satisfaction orpartial satisfaction. Upon the filing of such copy with the clerk of thecounty where the execution was satisfied, such clerk shall entersatisfaction or partial satisfaction on his docket of the judgment.Provided however that, in addition, a return of execution arising out ofan action brought pursuant to article eighteen of the New York citycivil court act, article eighteen of the uniform city court act, articleeighteen of the uniform district court act, or article eighteen of theuniform justice court act shall be made and entered whether wholly orpartially satisfied, or unsatisfied, within ninety days after receipt ofthe judgment by the sheriff and the clerk shall make an appropriateentry on his docket of the judgment.(c) Entry upon certificate. Upon the filing of a certificate of theclerk of the county in which the judgment was entered, stating that thejudgment has been wholly or partially satisfied, the clerk of any courtor county where a judgment has been docketed shall make an appropriateentry on his docket of the judgment.