Upon the docketing of a New York judgment, it accrues interest at the rate of 9% per annum (CPLR 5004), and it remains valid and enforceable for a period of 20 years thereafter. (CPLR 211(b).) However, although a judgment remains valid and enforceable for 20 years, it only remains viable as a lien against real property for a period of 10 years (CPLR 5203(a)), unless the lien is "extended" in accordance with provisions of CPLR 5203, or unless said judgment is "renewed" in accordance with the provisions of CPLR 5014. Each of the aforesaid provisions, which allow an extension and/or renewal, has significant and substantial procedural preconditions and requirements. (Curia v. Brooks, Weinger, Robbins Leeds, Inc. (1999) 182 Misc. 2d 36, 37.)
CPLR 5014 (entitled an "Action upon judgment") permits "renewal" of a money judgment provided, among other things, that an action upon the judgment is commenced between the same parties prior to the expiration of 10 years. It provides further that: “An action may be commenced under ... this section during the year prior to the expiration of ten years since the first docketing of the judgment. The judgment in said action shall be designated a renewal judgment and shall be so docketed by the clerk. The lien of a renewal judgment shall take effect upon the expiration of ten years from the first docketing of the original judgment.” (CPLR 5014 [3].)
No provision is made in this section for a renewal of a judgment by motion only in contrast to the procedure set forth in CPLR 5203(b), and no provision is made for service by mail to the last known address of the judgment debtor. (Curia, at 38 citing 10 Weinstein-Korn-Miller, NY Civ Prac ¶ 5014.01.)
CPLR 5014 requires the commencement of a new action, with service accomplished in the traditional manner authorized by statute. (Id.)
Section 400 of the New York City Civil Court Act (hereinafter "CCA") provides that “[a]n action is commenced in this court and jurisdiction acquired by service of a summons.” (Curia, at 39.) For the court to acquire jurisdiction plaintiff must provide proof of due service of a summons. A summons may be served together with a complaint in the manner authorized by statute. (Id.)
Where an action can be based upon a judgment, the renewal judgment can be obtained expeditiously by employing the provisions of CPLR 3213, which permit the service of a summons together with a “motion for summary judgment ... in lieu of a complaint.” (Id., citing Pangburn v. Klug (1997) 244 A.D.2d 394.) In that regard, CPLR 3213 provides in relevant part as follows: “When an action is based upon an instrument for the payment of money only or upon any judgment, the plaintiff may serve with the summons a notice of motion for summary judgment and the supporting papers in lieu of a complaint. The summons served with such motion papers shall require the defendant to submit answering papers on the motion within the time provided in the notice of motion.” In order for the court to acquire jurisdiction, CCA 400 requires, at a minimum, that a summons be served.
“CPLR Article 54 allows sister state judgments to be "registered" in New York and thereby accorded full, faith and credit ... [thus] a foreign judgment can be registered by a single mailing of a notice to the judgment debtor at his last known address.” (Curia v. Brooks, Weinger, Robbins Leeds, Inc. (1999) 182 Misc. 2d 36, 40.) “A similar registration procedure would also suffice with regard to an application by a domestic judgment creditor for a renewal judgment. One commentator, widely accepted as an expert on the CPLR, suggests that a domestic judgment creditor may also be permitted to utilize the simple registration procedures incorporated in CPLR Article 54.” (Id., citing David Siegel, CPLR Practice Commentary, McKinney's Consolidated Laws of New York Annotated, Book 7B, Section 5014, at page 457).
4 pages
FILED: NASSAU COUNTY CLERK 04/26/2024 02:10 PM INDEX NO. 607315/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/26/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU WELLS FARGO BANK, N.A., Index No. Plaintiff, - against - VOLARE APPAREL INC., and STANLEY NG A/K/A STANLE…
Nassau County, NY
Apr 26, 2024
1 page
FILED: NASSAU COUNTY CLERK 01/04/2024 02:03 PM INDEX NO. 620047/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/04/2024 Account No ho.. 1023-0274 Index …
Nassau County, NY
Jan 04, 2024
Philippe Solages
9 pages
FILED: ORANGE COUNTY CLERK 05/25/2023 06:33 PM INDEX NO. EF000187-2023 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/25/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE --------------------------------------------------------------------X HERITAGE FINANCIAL CREDIT UNION f/k/a Index No.: EF00…
Orange County, NY
May 25, 2023
Elena Goldberg-Velazquez
176 pages
FILED: NEW YORK COUNTY CLERK 05/18/2023 04:06 PM INDEX NO. 100364/2022 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 05/18/2023 SUPREME CO…
Jan 27, 2023
Disposed-Court Date/Application Pending
44 pages
FILED: KINGS COUNTY CLERK 05/10/2023 03:54 PM INDEX NO. 514909/2015 NYSCEF DOC. NO. 200 RECEIVED NYSCEF: 05/10/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS U.S. Bank National Association, as Trustee, for Index No. 514909/2015 Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed Pass-Through…
Dec 09, 2015
Disposed-Court Date/Application Pending
Kings County, NY
May 10, 2023
Real Property - Mortgage Foreclosure - Residential
Dear-For.Resolution Pt 1
11 pages
FILED: BRONX COUNTY CLERK 01/17/2023 01:05 PM INDEX NO. 811538/2022E NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/17/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX --------------------------------------------------------------x TBF FINANCIAL, LLC, Index No. 811538/…
Aug 08, 2022
Active
9 pages
FILED: ULSTER COUNTY CLERK 12/01/2022 04:57 PM INDEX NO. EF2021-833 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/01/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ULSTER ------------------------------------- --�------x WELLS FARGO BANK, N.A., …
4 pages
FILED: QUEENS COUNTY CLERK INDEX 08/23/2022 NO. 717561/2022 03:40 P NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/23/2022 , SUPREME COURT OFTH ESTA TEOFNEWYORK COUNTY …
Aug 23, 2022
Disposed
24 pages
FILED: ONEIDA COUNTY CLERK 07/25/2022 01:26 PM INDEX NO. EFCA2011-000906 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 07/25/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY…
24 pages
FILED: ONEIDA COUNTY CLERK 07/25/2022 01:13 PM INDEX NO. EFCA2010-002130 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/25/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONEIDA HSBC MORTGAGE CORPORATION, …
8 pages
FILED: SCHUYLER COUNTY CLERK 05/03/2022 02:26 PM INDEX NO. e2021-0142 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 05/03/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SCHUYLER ---------------------------------------------------------------------x WELLS FARGO BANK, N.A., Index No. e2…
13 pages
FILED: WESTCHESTER COUNTY CLERK 04/21/2022 11:16 AM INDEX NO. 55066/2022 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 04/21/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ----------------------------------------------------…
16 pages
FILED: WESTCHESTER COUNTY CLERK 09/02/2021 09/09/2021 12:53 06:28 PM INDEX NO. 55923/2021 NYSCEF DOC. NO. 73 93 RECEIVED NYSCEF: 09/02/2…
16 pages
FILED: WESTCHESTER COUNTY CLERK 09/02/2021 12:53 PM INDEX NO. 55923/2021 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 09/02/2021 SUPREME COURT OF THE STATE OF NEW YORK ::T:t::Y::l::::.::t ...............x ALLAN MCLEAN …
34 pages
FILED: ROCKLAND COUNTY CLERK 06/07/2021 11:16 AM INDEX NO. 032273/2020 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 06/07/2021 "B" EXHIBIT FILED: ROCKLAND COUNTY CLERK 06/07/2021 11:16 AM INDEX NO. 032273/2020 NYSCEF DOC. NO. 9 …
Jun 17, 2020
Disposed
3 pages
FILED: QUEENS COUNTY CLERK 12/14/2020 11:38 AM INDEX NO. 714953/2020 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 12/14/2020 Short Form Order NEW YORK SUPREME COURT-QUEENS COUNTY Present: HONORABLE CHEREÉ A. BUGGS IAS PART 30 Justice ----------------…
Sep 03, 2020
Active
4 pages
FILED: QUEENS COUNTY CLERK 12/14/2020 01:47 PM INDEX NO. 714953/2020 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 12/14/2020 SUPREME COURT OF THE STATE OF NEW YORK …
Sep 03, 2020
Active
4 pages
FILED: QUEENS COUNTY CLERK 12/14/2020 01:50 PM INDEX NO. 714953/2020 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 12/14/2020 SUPREME COURT OF THE STATE OF NEW YORK …
Sep 03, 2020
Active
17 pages
FILED: QUEENS COUNTY CLERK 11/13/2020 02:54 PM INDEX NO. 714953/2020 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 11/13/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS …
Sep 03, 2020
Active
23 pages
FILED: QUEENS COUNTY CLERK 11/02/2020 10:25 AM INDEX NO. 714953/2020 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 11/02/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ---------------------- -- …
Sep 03, 2020
Active
7 pages
FILED: QUEENS COUNTY CLERK 11/02/2020 10:14 AM INDEX NO. 714953/2020 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/02/2020 EXHIBIT B FILED: QUEENS COUNTY CLERK 11/02/2020 10:14 AM INDEX NO. 714953/2020 NYSCEF DOC. NO. 38 99311f …
Sep 03, 2020
Active
7 pages
FILED: QUEENS COUNTY CLERK 11/02/2020 10:25 AM INDEX NO. 714953/2020 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 11/02/2020 EXHIBIT B FILED: QUEENS COUNTY CLERK 11/02/2020 10:25 AM INDEX NO. 714953/2020 NYSCEF DOC. NO. 44 99311f …
Sep 03, 2020
Active
23 pages
FILED: QUEENS COUNTY CLERK 11/02/2020 10:14 AM INDEX NO. 714953/2020 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/02/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ---------------------- -- …
Sep 03, 2020
Active
65 pages
FILED: QUEENS COUNTY CLERK 10/13/2020 10:13 AM INDEX NO. 714953/2020 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/13/2020 EXHIBIT I FILED: QUEENS COUNTY CLERK 10/13/2020 10:13 AM INDEX NO. 714953/2020 NYSCEF DOC. NO. 30 …
Sep 03, 2020
Active
86 pages
FILED: QUEENS COUNTY CLERK 10/13/2020 10:13 AM INDEX NO. 714953/2020 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 10/13/2020 EXHIBIT J FILED: QUEENS COUNTY CLERK 10/13/2020 10:13 AM INDEX NO. 714953/2020 NYSCEF DOC. NO. 31 …
Sep 03, 2020
Active
3 pages
FILED: QUEENS COUNTY CLERK 10/13/2020 10:13 AM INDEX NO. 714953/2020 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 10/13/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ------------- - ----…
Sep 03, 2020
Active
64 pages
FILED: QUEENS COUNTY CLERK 10/06/2020 01:00 PM INDEX NO. 714953/2020 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 10/06/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------- …
Sep 03, 2020
Active
2 pages
111 John Street, Suite 1810 New York, NY 10038-3113 (212) 619-4500 (Phone) zara@zaralawny.com www.zaralawny.com BY NYSECF Anna Mikhaleva, Esq. …
New York County, NY
May 15, 2020
Commercial - Other (Renew Judgment)
21 pages
FILED: NEW YORK COUNTY CLERK 10/15/2019 11:14 PM INDEX NO. 656447/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 10/15/2019 SUPREME COURT OF THE STATE OF NEW YORK INDEX NO. 656447/2018 COUNTY OF NEW YORK …
New York County, NY
Oct 15, 2019
Commercial - Other (Renew Judgment)
6 pages
FILED: NEW YORK COUNTY CLERK 10/11/2019 05:23 PM INDEX NO. 656447/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/11/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK INDEX NO. …
New York County, NY
Oct 11, 2019
Commercial - Other (Renew Judgment)
6 pages
FILED: NEW YORK COUNTY CLERK 12/26/2018 08:24 PM INDEX NO. 656447/2018 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 12/26/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK INDEX NO…
New York County, NY
Dec 26, 2018
Commercial - Other (Renew Judgment)
20 pages
FILED: MONROE COUNTY CLERK 12/12/2018 10:33 AM INDEX NO. E2018008986 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/12/2018 MONROE COUNTY CLERK'S OFFICE …
Nov 05, 2018
Disposed
Monroe County, NY
Dec 12, 2018
Real Property - Other (RENEW JUDGMENT LIEN)
20 pages
FILED: MONROE COUNTY CLERK 12/12/2018 10:33 AM INDEX NO. E2018008986 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/12/2018 MONROE COUNTY CLERK'S OFFICE …
Nov 05, 2018
Disposed
Monroe County, NY
Dec 12, 2018
Real Property - Other (RENEW JUDGMENT LIEN)
14 pages
FILED: WESTCHESTER COUNTY CLERK 02/06/2015 02:10 PM INDEX NO. 58442/2014 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 02/06/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER JONES MORRISON, LLP (f/k/a JONES SLEDZIK, : Index No.…
Westchester County, NY
Feb 06, 2015
Contract (Non-Commercial)
21 pages
FILED: WESTCHESTER COUNTY CLERK 10/30/2014 09:31 PM INDEX NO. 58442/2014 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 10/30/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER JONES MORRISON, LLP (f/k/a JONES SLEDZIK, : Index No.…
Westchester County, NY
Oct 30, 2014
Contract (Non-Commercial)
12 pages
FILED: WESTCHESTER COUNTY CLERK 09/24/2014 02:24 PM INDEX NO. 58442/2014 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 09/24/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER JONES MORRISON, LLP (f/k/a JONES SLEDZIK, : Index No.…
Westchester County, NY
Sep 24, 2014
Contract (Non-Commercial)
1 page
From: Cooparstaln To: Charlas Ramos Date: 3/9/2009 Time: 2:12:06 PM Page 1 of 1 KENNETH COOPERSTEIN FAX MEMO ATTORNEY AT LAW 54 HAREOR PARK DRIVE CENTERPORT, NY 11721 TEL: (631)784-7777 FAX: (631)754-7661 TO: — Hon. Charles E. Ramos RE: Citibank v, Angst, Index No. 603478/08 Motion to renew judgment -- oral argument set for 3/17/09 -- supplement to response DATE: 3/9/09 | am of counsel to Berler & Tanenbaum, P.C., attorneys for John McNamara. After his objection to an adjournment was …
1 page
From: Cooparetaln Ta: Charlae Ramos: ate: 3/10/2009 Time: 1:18:60 PM Page 1 of 1 KENNETH COOPERSTEIN FAX MEMO ATTORNEY AT LAW 534 HARBOR PARK DRIVE CENTERPORT, NY 11721 o\\* TEL: (631)754-7777 FAX: (631)754-7661 TO: — Hon. Charles E. Ramos RE: = Citlbank v. Angst, Index No. 803478/08 Motion to renew judgment -- oral argument set for 3/17/09 -- response to GMAC demand that McNamara appear physically DATE: 3/10/09 | am of counsel to Berler & Tanenbaum, P.C., attorneys for John McNamara. …
3 pages
KENNETH COOPERSTEIN FAX MEMO ATTORNEY aT LAW 54 HARBOR PARK DRIVE CENTERPORT, NY 11721 TEL: (631)754-7777 FAX: (631)754-7661 E-MAIL: ksc@cooperstein.us TO: Hon. Charles E. Ramos RE: Citibank v. Angst, Index No. 603478/08 Motion to renew judgment -- oral argument set for 3/17/09 DATE: 3/4/09 | am of counsel to Berler & Tanenbaum, P.C., attorneys for Jahn McNamara, who hereby appears in this proceeding. | affirm the following to be true under penalty of perjury and request that the Court con…
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