New York § 5019 - 5019Validity and correction of judgment or order; amendment of docket

§ 5019. 5019Validity and correction of judgment or order; amendment of docket

§ 5019. Validity and correction of judgment or order; amendment of docket. (a) Validity and correction of judgment or order. A judgment or order shall not be stayed, impaired or affected by any mistake, defect or irregularity in the papers or procedures in the action not affecting a substantial right of a party. A trial or an appellate court may require the mistake, defect or irregularity to be cured. (b) Subsequent judgment or order affecting judgment or lien. When a docketed judgment or the lien thereof is affected in any way by a subsequent order or judgment or retaxation of costs, the clerk of the court in which the judgment was entered shall make an appropriate entry on the docket of the judgment. In the case of a judgment of a court other than the supreme, county or a family court which has been docketed by the clerk of the county in which it was entered, such county clerk shall make an appropriate entry on his docket upon the filing of a certified copy of the order or judgment effecting the change or a certificate of the change issued by the clerk of the court in which the judgment was entered. Unless the order or judgment effecting the change otherwise provides, the duration of the judgment lien on real property shall be measured from the filing of the judgment-roll. (c) Change in judgment creditor. A person other than the party recovering a judgment who becomes entitled to enforce it, shall file in the office of the clerk of the court in which the judgment was entered or, in the case of a judgment of a court other than the supreme, county or a family court which has been docketed by the clerk of the county in which it was entered, in the office of such county clerk, a copy of the instrument on which his authority is based, acknowledged in the form required to entitle a deed to be recorded, or, if his authority is based on a court order, a certified copy of the order. Upon such filing the clerk shall make an appropriate entry on his docket of the judgment. This subdivision shall not apply when there is a change to the owner of a debt through a sale, assignment, or other transfer where no judgment exists. (d) Certificate of county clerk. Upon the filing of a certificate of change of the docket of any judgment docketed with the clerk of the county in which it was entered, issued by such county clerk, the clerk of any court or county where the judgment has been docketed shall make an appropriate entry on his docket of the judgment.