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N.Y. CPLR § 5202

N.Y. CPLR § 5202 - Judgment Creditors Rights in Personal Property

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Verbatim reference text. This is the full, unedited text of N.Y. CPLR § 5202, 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 § 5202 Judgment creditor's rights in personal property § 5202. Judgment creditor's rights in personal property. (a)Execution creditor's rights. Where a judgment creditor has delivered anexecution to a sheriff, the judgment creditor's rights in a debt owed tothe judgment debtor or in an interest of the judgment debtor in personalproperty, against which debt or property the judgment may be enforced,are superior to the extent of the amount of the execution to the rightsof any transferee of the debt or property, except:1. a transferee who acquired the debt or property for fairconsideration before it was levied upon; or2. a transferee who acquired a debt or personal property not capableof delivery for fair consideration after it was levied upon withoutknowledge of the levy.(b) Other judgment creditor's rights. Where a judgment creditor hassecured an order for delivery of, payment of, or appointment of areceiver of, a debt owed to the judgment debtor or an interest of thejudgment debtor in personal property, the judgment creditor's rights inthe debt or property are superior to the rights of any transferee of thedebt or property, except a transferee who acquired the debt or propertyfor fair consideration and without notice of such order.