§ 5221 — Where enforcement proceeding commenced

New York § 5221

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 52: Enforcement of Money Judgments

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§ 5221. Where enforcement proceeding commenced. (a) Court and county\nin which proceeding commenced. 1. If the judgment sought to be enforced\nwas entered in the city court of any city outside the city of New York,\nand the respondent resides or is regularly employed or has a place for\nthe regular transaction of business in person within the county in which\nthe court is or was located, a special proceeding authorized by this\narticle shall be commenced in that court or in the county court of that\ncounty.\n 2. If the judgment sought to be enforced was entered in a district\ncourt, or by a justice of the peace whose office has been or is by law\nto be abolished and whose jurisdiction has been or is by law to be\nsuperseded by a district court, and the respondent resides or is\nregularly employed or has a place for the regular transaction of\nbusiness in person within the county in which such district court is\nestablished, a special proceeding authorized by this article shall be\ncommenced in such district court.\n 3. If the judgment sought to be enforced was entered in the municipal\ncourt of the city of New York, the city court of the city of New York or\nthe civil court of the city of New York, and the respondent resides or\nis regularly employed or has a place for the regular transaction of\nbusiness in person within that city, a special proceeding authorized by\nthis article shall be commenced in the civil court of the city of New\nYork.\n 4. In any other case, if the judgment sought to be enforced was\nentered in any court of this state, a special proceeding authorized by\nthis article shall be commenced, either in the supreme court or a county\ncourt, in a county in which the respondent resides or is regularly\nemployed or has a place for the regular transaction of business in\nperson or, if there is no such county, in any county in which he may be\nserved or the county in which the judgment was entered.\n 5. If no court in which a special proceeding authorized by this\narticle could be commenced is in session, the special proceeding may be\ncommenced in the supreme court or a county court in any county within\nthe judicial district in which the proceeding could otherwise be\ncommenced or in any county adjoining the county in which the proceeding\ncould otherwise be commenced.\n (b) Notices, subpoenas and motions. A notice or subpoena authorized\nby this article may be issued from, and a motion authorized by this\narticle may be made before, any court in which a special proceeding\nauthorized by this article could be commenced if the person served with\nthe notice, subpoena or notice of motion were respondent.\n