N.Y. Civil Practice Law & Rules § 5201: Debt or property subject to enforcement; proper garnishee

§ 5201. Debt or property subject to enforcement; proper garnishee. (a)

Debt against which a money judgment may be enforced. A money judgment

may be enforced against any debt, which is past due or which is yet to

become due, certainly or upon demand of the judgment debtor, whether it

was incurred within or without the state, to or from a resident or

non-resident, unless it is exempt from application to the satisfaction

of the judgment. A debt may consist of a cause of action which could be

assigned or transferred accruing within or without the state.

(b) Property against which a money judgment may be enforced. A money

judgment may be enforced against any property which could be assigned or

transferred, whether it consists of a present or future right or

interest and whether or not it is vested, unless it is exempt from

application to the satisfaction of the judgment. A money judgment

entered upon a joint liability of two or more persons may be enforced

against individual property of those persons summoned and joint property

of such persons with any other persons against whom the judgment is

entered. No property lien shall be entered or enforced against a

debtor's primary residence in an action arising from a medical debt and

brought by a hospital licensed under article twenty-eight of the public

health law or a health care professional authorized under title eight of

the education law.

(c) Proper garnishee for particular property or debt.

1. Where property consists of a right or share in the stock of an

association or corporation, or interests or profits therein, for which a

certificate of stock or other negotiable instrument is not outstanding,

the corporation, or the president or treasurer of the association on

behalf of the association, shall be the garnishee.

2. Where property consists of a right or interest to or in a

decedent's estate or any other property or fund held or controlled by a

fiduciary, the executor or trustee under the will, administrator or

other fiduciary shall be the garnishee.

3. Where property consists of an interest in a partnership, any

partner other than the judgment debtor, on behalf of the partnership,

shall be the garnishee.

4. Where property or a debt is evidenced by a negotiable instrument

for the payment of money, a negotiable document of title or a

certificate of stock of an association or corporation, the instrument,

document or certificate shall be treated as property capable of delivery

and the person holding it shall be the garnishee; except that section

8--112 of the uniform commercial code shall govern the extent to which

and the means by which any interest in a certificated security,

uncertificated security or security entitlement (as defined in article

eight of the uniform commercial code) may be reached by garnishment,

attachment or other legal process.