N.Y. CPLR § 5203

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 5203 Priorities and liens upon real property § 5203. Priorities and liens upon real property. (a) Priority and lienon docketing judgment. No transfer of an interest of the judgment debtorin real property, against which property a money judgment may beenforced, is effective against the judgment creditor either from thetime of the docketing of the judgment with the clerk of the county inwhich the property is located until ten years after filing of thejudgment-roll, or from the time of the filing with such clerk of anotice of levy pursuant to an execution until the execution is returned,except:1. a transfer or the payment of the proceeds of a judicial sale, whichshall include an execution sale, in satisfaction either of a judgmentpreviously so docketed or of a judgment where a notice of levy pursuantto an execution thereon was previously so filed; or2. a transfer in satisfaction of a mortgage given to secure thepayment of the purchase price of the judgment debtor's interest in theproperty; or3. a transfer to a purchaser for value at a judicial sale, which shallinclude an execution sale; or4. when the judgment was entered after the death of the judgmentdebtor; or5. when the judgment debtor is the state, an officer, department,board or commission of the state, or a municipal corporation; or6. when the judgment debtor is the personal representative of adecedent and the judgment was awarded in an action against him in hisrepresentative capacity.(b) Extension of lien. Upon motion of the judgment creditor, uponnotice to the judgment debtor, served personally or by registered orcertified mail, return receipt requested, to the last known address ofthe judgment debtor, the court may order that the lien of a moneyjudgment upon real property be effective after the expirat tified mail, return receipt requested, to the last known address ofthe judgment debtor, the court may order that the lien of a moneyjudgment upon real property be effective after the expiration of tenyears from the filing of the judgment-roll, for a period no longer thanthe time during which the judgment creditor was stayed from enforcingthe judgment, or the time necessary to complete advertisement and saleof real property in accordance with section 5236, pursuant to anexecution delivered to a sheriff prior to the expiration of ten yearsfrom the filing of the judgment-roll. The order shall be effective fromthe time it is filed with the clerk of the county in which the propertyis located and an appropriate entry is made upon the docket of thejudgment.(c) Notwithstanding any other provision of law, where a court makes anoral or written determination on the record awarding ownership of aninterest in real property, and a judgment effectuating suchdetermination is docketed with the clerk of the county in which suchproperty is located not later than thirty days thereafter, suchjudgement shall be deemed entered and docketed on the day immediatelypreceding the date of such determination solely for purposes ofestablishing the priority thereof against a judicial lien on suchproperty created upon the simultaneous or later filing of a petition inbankruptcy pursuant to the United States bankruptcy code, as amended.