§ 5019 — Validity and correction of judgment or order; amendment of docket

New York § 5019

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

Text

§ 5019. Validity and correction of judgment or order; amendment of\ndocket. (a) Validity and correction of judgment or order. A judgment or\norder shall not be stayed, impaired or affected by any mistake, defect\nor irregularity in the papers or procedures in the action not affecting\na substantial right of a party. A trial or an appellate court may\nrequire the mistake, defect or irregularity to be cured.\n (b) Subsequent judgment or order affecting judgment or lien. When a\ndocketed judgment or the lien thereof is affected in any way by a\nsubsequent order or judgment or retaxation of costs, the clerk of the\ncourt in which the judgment was entered shall make an appropriate entry\non the docket of the judgment. In the case of a judgment of a court\nother than the supreme, county or a family court which has been docketed\nby the clerk of the county in which it was entered, such county clerk\nshall make an appropriate entry on his docket upon the filing of a\ncertified copy of the order or judgment effecting the change or a\ncertificate of the change issued by the clerk of the court in which the\njudgment was entered. Unless the order or judgment effecting the change\notherwise provides, the duration of the judgment lien on real property\nshall be measured from the filing of the judgment-roll.\n (c) Change in judgment creditor. A person other than the party\nrecovering a judgment who becomes entitled to enforce it, shall file in\nthe office of the clerk of the court in which the judgment was entered\nor, in the case of a judgment of a court other than the supreme, county\nor a family court which has been docketed by the clerk of the county in\nwhich it was entered, in the office of such county clerk, a copy of the\ninstrument on which his authority is based, acknowledged in the form\nrequired to entitle a deed to be recorded, or, if his authority is based\non a court order, a certified copy of the order. Upon such filing the\nclerk shall make an appropriate entry on his docket of the judgment.\nThis subdivision shall not apply when there is a change to the owner of\na debt through a sale, assignment, or other transfer where no judgment\nexists.\n (d) Certificate of county clerk. Upon the filing of a certificate of\nchange of the docket of any judgment docketed with the clerk of the\ncounty in which it was entered, issued by such county clerk, the clerk\nof any court or county where the judgment has been docketed shall make\nan appropriate entry on his docket of the judgment.\n