The New York State Law Digest publishes significant procedural developments, whether they come from important decisions of the Court of Appeals or other New York state (or federal) courts, statutory or rule amendments or particular local practice issues. The Law Digest keeps NYSBA members updated on issues that impact their everyday practices of law. Edited by David L. Ferstendig, the Law Digest is published monthly and distributed to members free of charge, as a benefit of membership.
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Entered Divorce Judgment Is Not Subject to CPLR 5203 Docketing Requirements
One Ex-Spouse Is Not Considered the Creditor of Another
In answering a certified question from the Second Circuit, the
New York Court of Appeals ruled in Pangea
Capital Mgt., LLC v. Lakian, 2019 N.Y. Slip Op. 05059 (June 25, 2019), that
if a spouse does not docket an entered judgment granting the spouse an interest
in real property in the county where the property is located, the spouse’s
interest is not subject to attachment
by a subsequent judgment creditor that has docketed its judgment and seeks to
execute against the property.
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