§ 5018 — Docketing of judgment

New York § 5018

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 50: Judgments Generally

Text

§ 5018. Docketing of judgment. (a) Docketing by clerk; docketing\nelsewhere by transcript. Immediately after filing the judgment-roll the\nclerk shall docket a money judgment, and at the request of any party\nspecifying the particular adverse party or parties against whom\ndocketing shall be made, the clerk shall so docket a judgment affecting\nthe title to real property, provided, however, that where the clerk\nmaintains a section and block index, a judgment affecting the title to,\nor the possession, use or enjoyment of, real property may be entered in\nsuch index in lieu thereof. If the judgment is upon a joint liability of\ntwo or more persons the words "not summoned" shall be written next to\nthe name of each defendant who was not summoned. Upon the filing of a\ntranscript of the docket of a judgment of a court other than the\nsupreme, county or a family court, the clerk of the county in which the\njudgment was entered shall docket the judgment. Upon the filing of a\ntranscript of the docket of a judgment which has been docketed in the\noffice of the clerk of the county in which it was entered, the clerk of\nany other county in the state shall docket the judgment. Whenever a\ncounty clerk dockets a judgment by transcript under this subdivision, he\nshall notify the clerk who issued it, who, upon receiving such\nnotification, shall make an entry on the docket of the judgment in his\noffice indicating where the transcript has been filed. A judgment\ndocketed by transcript under this subdivision shall have the same effect\nas a docketed judgment entered in the supreme court within the county\nwhere it is docketed.\n (b) Docketing of judgment of court of United States. A transcript of\nthe judgment of a court of the United States rendered or filed within\nthe state may be filed in the office of the clerk of any county and upon\nsuch filing the clerk shall docket the judgment in the same manner and\nwith the same effect as a judgment entered in the supreme court within\nthe county.\n (c) Form of docketing. A judgment is docketed by making an entry in\nthe proper docket book as follows:\n 1. under the surname of the judgment debtor first named in the\njudgment, the entry shall consist of:\n (i) the name and last known address of each judgment debtor and his\ntrade or profession if stated in the judgment;\n (ii) the name and last known address of the judgment creditor;\n (iii) the sum recovered or directed to be paid in figures;\n (iv) the date and time the judgment-roll was filed;\n (v) the date and time of docketing;\n (vi) the court and county in which judgment was entered; and\n (vii) the name and office address of the attorney for the judgment\ncreditor;\n 2. under the surname of every other judgment debtor, if any, the entry\nshall consist of his name and last known address and an appropriate\ncross-reference to the first entry.\nIf no address is known for the judgment debtor or judgment creditor, an\naffidavit executed by the party at whose instance the judgment is\ndocketed or his attorney shall be filed stating that the affiant has no\nknowledge of an address.\n (d) A county clerk may adopt a new docketing system utilizing\nelectro-mechanical, electronic or any other method he deems suitable for\nmaintaining the dockets.\n