N.Y. Civil Practice Law & Rules § 5203: Priorities and liens upon real property

§ 5203. Priorities and liens upon real property. (a) Priority and lien

on docketing judgment. No transfer of an interest of the judgment debtor

in real property, against which property a money judgment may be

enforced, is effective against the judgment creditor either from the

time of the docketing of the judgment with the clerk of the county in

which the property is located until ten years after filing of the

judgment-roll, or from the time of the filing with such clerk of a

notice of levy pursuant to an execution until the execution is returned,

except:

1. a transfer or the payment of the proceeds of a judicial sale, which

shall include an execution sale, in satisfaction either of a judgment

previously so docketed or of a judgment where a notice of levy pursuant

to an execution thereon was previously so filed; or

2. a transfer in satisfaction of a mortgage given to secure the

payment of the purchase price of the judgment debtor's interest in the

property; or

3. a transfer to a purchaser for value at a judicial sale, which shall

include an execution sale; or

4. when the judgment was entered after the death of the judgment

debtor; or

5. when the judgment debtor is the state, an officer, department,

board or commission of the state, or a municipal corporation; or

6. when the judgment debtor is the personal representative of a

decedent and the judgment was awarded in an action against him in his

representative capacity.

(b) Extension of lien. Upon motion of the judgment creditor, upon

notice to the judgment debtor, served personally or by registered or

certified mail, return receipt requested, to the last known address of

the judgment debtor, the court may order that the lien of a money

judgment upon real property be effective after the expiration of ten

years from the filing of the judgment-roll, for a period no longer than

the time during which the judgment creditor was stayed from enforcing

the judgment, or the time necessary to complete advertisement and sale

of real property in accordance with section 5236, pursuant to an

execution delivered to a sheriff prior to the expiration of ten years

from the filing of the judgment-roll. The order shall be effective from

the time it is filed with the clerk of the county in which the property

is located and an appropriate entry is made upon the docket of the

judgment.

(c) Notwithstanding any other provision of law, where a court makes an

oral or written determination on the record awarding ownership of an

interest in real property, and a judgment effectuating such

determination is docketed with the clerk of the county in which such

property is located not later than thirty days thereafter, such

judgement shall be deemed entered and docketed on the day immediately

preceding the date of such determination solely for purposes of

establishing the priority thereof against a judicial lien on such

property created upon the simultaneous or later filing of a petition in

bankruptcy pursuant to the United States bankruptcy code, as amended.