State Codes and Statutes

Statutes > New-york > Cvp > Article-50 > 5018

§  5018.  Docketing  of  judgment.  (a)  Docketing by clerk; docketing  elsewhere by transcript. Immediately after filing the judgment-roll  the  clerk  shall  docket  a  money judgment, and at the request of any party  specifying  the  particular  adverse  party  or  parties  against   whom  docketing  shall be made, the clerk shall so docket a judgment affecting  the title to real property, provided,  however,  that  where  the  clerk  maintains  a section and block index, a judgment affecting the title to,  or the possession, use or enjoyment of, real property may be entered  in  such index in lieu thereof. If the judgment is upon a joint liability of  two  or  more  persons the words "not summoned" shall be written next to  the name of each defendant who was not summoned. Upon the  filing  of  a  transcript  of  the  docket  of  a  judgment  of  a court other than the  supreme, county or a family court, the clerk of the county in which  the  judgment  was  entered  shall  docket the judgment. Upon the filing of a  transcript of the docket of a judgment which has been  docketed  in  the  office  of the clerk of the county in which it was entered, the clerk of  any other county in the state shall  docket  the  judgment.  Whenever  a  county clerk dockets a judgment by transcript under this subdivision, he  shall  notify  the  clerk  who  issued  it,  who,  upon  receiving  such  notification, shall make an entry on the docket of the judgment  in  his  office  indicating  where  the  transcript  has  been  filed. A judgment  docketed by transcript under this subdivision shall have the same effect  as a docketed judgment entered in the supreme court  within  the  county  where it is docketed.    (b)  Docketing  of judgment of court of United States. A transcript of  the judgment of a court of the United States rendered  or  filed  within  the state may be filed in the office of the clerk of any county and upon  such  filing  the clerk shall docket the judgment in the same manner and  with the same effect as a judgment entered in the supreme  court  within  the county.    (c)  Form  of  docketing. A judgment is docketed by making an entry in  the proper docket book as follows:    1. under the surname  of  the  judgment  debtor  first  named  in  the  judgment, the entry shall consist of:    (i)  the  name  and last known address of each judgment debtor and his  trade or profession if stated in the judgment;    (ii) the name and last known address of the judgment creditor;    (iii) the sum recovered or directed to be paid in figures;    (iv) the date and time the judgment-roll was filed;    (v) the date and time of docketing;    (vi) the court and county in which judgment was entered; and    (vii) the name and office address of the  attorney  for  the  judgment  creditor;    2. under the surname of every other judgment debtor, if any, the entry  shall  consist  of  his  name  and last known address and an appropriate  cross-reference to the first entry.  If no address is known for the judgment debtor or judgment creditor,  an  affidavit  executed  by  the  party  at  whose  instance the judgment is  docketed or his attorney shall be filed stating that the affiant has  no  knowledge of an address.    (d)  A  county  clerk  may  adopt  a  new  docketing  system utilizing  electro-mechanical, electronic or any other method he deems suitable for  maintaining the dockets.

State Codes and Statutes

Statutes > New-york > Cvp > Article-50 > 5018

§  5018.  Docketing  of  judgment.  (a)  Docketing by clerk; docketing  elsewhere by transcript. Immediately after filing the judgment-roll  the  clerk  shall  docket  a  money judgment, and at the request of any party  specifying  the  particular  adverse  party  or  parties  against   whom  docketing  shall be made, the clerk shall so docket a judgment affecting  the title to real property, provided,  however,  that  where  the  clerk  maintains  a section and block index, a judgment affecting the title to,  or the possession, use or enjoyment of, real property may be entered  in  such index in lieu thereof. If the judgment is upon a joint liability of  two  or  more  persons the words "not summoned" shall be written next to  the name of each defendant who was not summoned. Upon the  filing  of  a  transcript  of  the  docket  of  a  judgment  of  a court other than the  supreme, county or a family court, the clerk of the county in which  the  judgment  was  entered  shall  docket the judgment. Upon the filing of a  transcript of the docket of a judgment which has been  docketed  in  the  office  of the clerk of the county in which it was entered, the clerk of  any other county in the state shall  docket  the  judgment.  Whenever  a  county clerk dockets a judgment by transcript under this subdivision, he  shall  notify  the  clerk  who  issued  it,  who,  upon  receiving  such  notification, shall make an entry on the docket of the judgment  in  his  office  indicating  where  the  transcript  has  been  filed. A judgment  docketed by transcript under this subdivision shall have the same effect  as a docketed judgment entered in the supreme court  within  the  county  where it is docketed.    (b)  Docketing  of judgment of court of United States. A transcript of  the judgment of a court of the United States rendered  or  filed  within  the state may be filed in the office of the clerk of any county and upon  such  filing  the clerk shall docket the judgment in the same manner and  with the same effect as a judgment entered in the supreme  court  within  the county.    (c)  Form  of  docketing. A judgment is docketed by making an entry in  the proper docket book as follows:    1. under the surname  of  the  judgment  debtor  first  named  in  the  judgment, the entry shall consist of:    (i)  the  name  and last known address of each judgment debtor and his  trade or profession if stated in the judgment;    (ii) the name and last known address of the judgment creditor;    (iii) the sum recovered or directed to be paid in figures;    (iv) the date and time the judgment-roll was filed;    (v) the date and time of docketing;    (vi) the court and county in which judgment was entered; and    (vii) the name and office address of the  attorney  for  the  judgment  creditor;    2. under the surname of every other judgment debtor, if any, the entry  shall  consist  of  his  name  and last known address and an appropriate  cross-reference to the first entry.  If no address is known for the judgment debtor or judgment creditor,  an  affidavit  executed  by  the  party  at  whose  instance the judgment is  docketed or his attorney shall be filed stating that the affiant has  no  knowledge of an address.    (d)  A  county  clerk  may  adopt  a  new  docketing  system utilizing  electro-mechanical, electronic or any other method he deems suitable for  maintaining the dockets.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cvp > Article-50 > 5018

§  5018.  Docketing  of  judgment.  (a)  Docketing by clerk; docketing  elsewhere by transcript. Immediately after filing the judgment-roll  the  clerk  shall  docket  a  money judgment, and at the request of any party  specifying  the  particular  adverse  party  or  parties  against   whom  docketing  shall be made, the clerk shall so docket a judgment affecting  the title to real property, provided,  however,  that  where  the  clerk  maintains  a section and block index, a judgment affecting the title to,  or the possession, use or enjoyment of, real property may be entered  in  such index in lieu thereof. If the judgment is upon a joint liability of  two  or  more  persons the words "not summoned" shall be written next to  the name of each defendant who was not summoned. Upon the  filing  of  a  transcript  of  the  docket  of  a  judgment  of  a court other than the  supreme, county or a family court, the clerk of the county in which  the  judgment  was  entered  shall  docket the judgment. Upon the filing of a  transcript of the docket of a judgment which has been  docketed  in  the  office  of the clerk of the county in which it was entered, the clerk of  any other county in the state shall  docket  the  judgment.  Whenever  a  county clerk dockets a judgment by transcript under this subdivision, he  shall  notify  the  clerk  who  issued  it,  who,  upon  receiving  such  notification, shall make an entry on the docket of the judgment  in  his  office  indicating  where  the  transcript  has  been  filed. A judgment  docketed by transcript under this subdivision shall have the same effect  as a docketed judgment entered in the supreme court  within  the  county  where it is docketed.    (b)  Docketing  of judgment of court of United States. A transcript of  the judgment of a court of the United States rendered  or  filed  within  the state may be filed in the office of the clerk of any county and upon  such  filing  the clerk shall docket the judgment in the same manner and  with the same effect as a judgment entered in the supreme  court  within  the county.    (c)  Form  of  docketing. A judgment is docketed by making an entry in  the proper docket book as follows:    1. under the surname  of  the  judgment  debtor  first  named  in  the  judgment, the entry shall consist of:    (i)  the  name  and last known address of each judgment debtor and his  trade or profession if stated in the judgment;    (ii) the name and last known address of the judgment creditor;    (iii) the sum recovered or directed to be paid in figures;    (iv) the date and time the judgment-roll was filed;    (v) the date and time of docketing;    (vi) the court and county in which judgment was entered; and    (vii) the name and office address of the  attorney  for  the  judgment  creditor;    2. under the surname of every other judgment debtor, if any, the entry  shall  consist  of  his  name  and last known address and an appropriate  cross-reference to the first entry.  If no address is known for the judgment debtor or judgment creditor,  an  affidavit  executed  by  the  party  at  whose  instance the judgment is  docketed or his attorney shall be filed stating that the affiant has  no  knowledge of an address.    (d)  A  county  clerk  may  adopt  a  new  docketing  system utilizing  electro-mechanical, electronic or any other method he deems suitable for  maintaining the dockets.