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New York · Through 2026-09-11

N.Y. Civil Practice Law & Rules § 5221: Where enforcement proceeding commenced

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Where this section sits in the code
  1. Civil Practice Law & Rules
  2. Article 52. Enforcement of Money Judgments

§ 5221. Where enforcement proceeding commenced. (a) Court and county

in which proceeding commenced. 1. If the judgment sought to be enforced

was entered in the city court of any city outside the city of New York,

and the respondent resides or is regularly employed or has a place for

the regular transaction of business in person within the county in which

the court is or was located, a special proceeding authorized by this

article shall be commenced in that court or in the county court of that

county.

2. If the judgment sought to be enforced was entered in a district

court, or by a justice of the peace whose office has been or is by law

to be abolished and whose jurisdiction has been or is by law to be

superseded by a district court, and the respondent resides or is

regularly employed or has a place for the regular transaction of

business in person within the county in which such district court is

established, a special proceeding authorized by this article shall be

commenced in such district court.

3. If the judgment sought to be enforced was entered in the municipal

court of the city of New York, the city court of the city of New York or

the civil court of the city of New York, and the respondent resides or

is regularly employed or has a place for the regular transaction of

business in person within that city, a special proceeding authorized by

this article shall be commenced in the civil court of the city of New

York.

4. In any other case, if the judgment sought to be enforced was

entered in any court of this state, a special proceeding authorized by

this article shall be commenced, either in the supreme court or a county

court, in a county in which the respondent resides or is regularly

employed or has a place for the regular transaction of business in

person or, if there is no such county, in any county in which he may be

served or the county in which the judgment was entered.

5. If no court in which a special proceeding authorized by this

article could be commenced is in session, the special proceeding may be

commenced in the supreme court or a county court in any county within

the judicial district in which the proceeding could otherwise be

commenced or in any county adjoining the county in which the proceeding

could otherwise be commenced.

(b) Notices, subpoenas and motions. A notice or subpoena authorized

by this article may be issued from, and a motion authorized by this

article may be made before, any court in which a special proceeding

authorized by this article could be commenced if the person served with

the notice, subpoena or notice of motion were respondent.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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