N.Y. CPLR § 5201

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 5201 Debt or property subject to enforcement; proper garnishee § 5201. Debt or property subject to enforcement; proper garnishee. (a)Debt against which a money judgment may be enforced. A money judgmentmay be enforced against any debt, which is past due or which is yet tobecome due, certainly or upon demand of the judgment debtor, whether itwas incurred within or without the state, to or from a resident ornon-resident, unless it is exempt from application to the satisfactionof the judgment. A debt may consist of a cause of action which could beassigned or transferred accruing within or without the state.(b) Property against which a money judgment may be enforced. A moneyjudgment may be enforced against any property which could be assigned ortransferred, whether it consists of a present or future right orinterest and whether or not it is vested, unless it is exempt fromapplication to the satisfaction of the judgment. A money judgmententered upon a joint liability of two or more persons may be enforcedagainst individual property of those persons summoned and joint propertyof such persons with any other persons against whom the judgment isentered. No property lien shall be entered or enforced against adebtor's primary residence in an action arising from a medical debt andbrought by a hospital licensed under article twenty-eight of the publichealth law or a health care professional authorized under title eight ofthe education law.(c) Proper garnishee for particular property or debt.1. Where property consists of a right or share in the stock of anassociation or corporation, or interests or profits therein, for which acertificate of stock or other negotiable instrument is not outstanding,the corporation, or the president or treasurer of the association onbehalf of interests or profits therein, for which acertificate of stock or other negotiable instrument is not outstanding,the corporation, or the president or treasurer of the association onbehalf of the association, shall be the garnishee.2. Where property consists of a right or interest to or in adecedent's estate or any other property or fund held or controlled by afiduciary, the executor or trustee under the will, administrator orother fiduciary shall be the garnishee.3. Where property consists of an interest in a partnership, anypartner other than the judgment debtor, on behalf of the partnership,shall be the garnishee.4. Where property or a debt is evidenced by a negotiable instrumentfor the payment of money, a negotiable document of title or acertificate of stock of an association or corporation, the instrument,document or certificate shall be treated as property capable of deliveryand the person holding it shall be the garnishee; except that section8--112 of the uniform commercial code shall govern the extent to whichand the means by which any interest in a certificated security,uncertificated security or security entitlement (as defined in articleeight of the uniform commercial code) may be reached by garnishment,attachment or other legal process.