New York Statutes
§ 5044 — Failure to make payment
New York § 5044
JurisdictionNew York
Law CVPCivil Practice Law & Rules
Art. 50-BPeriodic Payment of Judgments In Personal Injury, Injury to Property and Wrongful Death Actions
This text of New York § 5044 (Failure to make payment) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
N.Y. Civil Practice Law & Rules § 5044 (2026).
Text
§ 5044. Failure to make payment. If at any time following entry of\njudgment, a judgment debtor fails for any reason to make a payment in a\ntimely fashion according to the terms of this article, the judgment\ncreditor may petition the court which rendered the original judgment for\nan order requiring payment by the judgment debtor of the outstanding\npayments in a lump sum. In calculating the amount of the lump sum\njudgment, the court shall total the remaining periodic payments due and\nowing to the judgment creditor, as calculated pursuant to subdivision\n(e) of section five thousand forty-one of this article, and shall not\nconvert these amounts to their present value. The court may also require\nthe payment of interest on the outstanding judgment.\n
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Related
Summerville v. City of New York
767 N.E.2d 140 (New York Court of Appeals, 2002)
Allison v. Erie County Industrial Development Agency
16 Misc. 3d 445 (New York Supreme Court, 2007)
Rohring v. City of Niagara Falls
212 A.D.2d 320 (Appellate Division of the Supreme Court of New York, 1995)
Moctezuma v. New York City Tr. Auth.
2024 NY Slip Op 33226(U) (New York Supreme Court, New York County, 2024)
Stallworth v. Lodi Inc.
2025 NY Slip Op 51508(U) (NYC Civil Court, Kings, 2025)
Nearby Sections
15
§ 5003
Interest upon judgment§ 5003-B
Nondisclosure agreements§ 5004
Rate of interest§ 5014
Action upon judgment§ 5016
Entry of judgment§ 5017
Judgment-roll§ 5018
Docketing of judgmentCite This Page — Counsel Stack
Bluebook (online)
New York § 5044, Counsel Stack Legal Research, https://law.counselstack.com/statute/ny/5044.