N.Y. CPLR § 5221

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 5221 Where enforcement proceeding commenced § 5221. Where enforcement proceeding commenced. (a) Court and countyin which proceeding commenced. 1. If the judgment sought to be enforcedwas entered in the city court of any city outside the city of New York,and the respondent resides or is regularly employed or has a place forthe regular transaction of business in person within the county in whichthe court is or was located, a special proceeding authorized by thisarticle shall be commenced in that court or in the county court of thatcounty.2. If the judgment sought to be enforced was entered in a districtcourt, or by a justice of the peace whose office has been or is by lawto be abolished and whose jurisdiction has been or is by law to besuperseded by a district court, and the respondent resides or isregularly employed or has a place for the regular transaction ofbusiness in person within the county in which such district court isestablished, a special proceeding authorized by this article shall becommenced in such district court.3. If the judgment sought to be enforced was entered in the municipalcourt of the city of New York, the city court of the city of New York orthe civil court of the city of New York, and the respondent resides oris regularly employed or has a place for the regular transaction ofbusiness in person within that city, a special proceeding authorized bythis article shall be commenced in the civil court of the city of NewYork.4. In any other case, if the judgment sought to be enforced wasentered in any court of this state, a special proceeding authorized bythis article shall be commenced, either in the supreme court or a countycourt, in a county in which the respondent resides or is regularlyemployed or has a place for the regular transaction ed bythis article shall be commenced, either in the supreme court or a countycourt, in a county in which the respondent resides or is regularlyemployed or has a place for the regular transaction of business inperson or, if there is no such county, in any county in which he may beserved or the county in which the judgment was entered.5. If no court in which a special proceeding authorized by thisarticle could be commenced is in session, the special proceeding may becommenced in the supreme court or a county court in any county withinthe judicial district in which the proceeding could otherwise becommenced or in any county adjoining the county in which the proceedingcould otherwise be commenced.(b) Notices, subpoenas and motions. A notice or subpoena authorizedby this article may be issued from, and a motion authorized by thisarticle may be made before, any court in which a special proceedingauthorized by this article could be commenced if the person served withthe notice, subpoena or notice of motion were respondent.