New York § 5021 - 5021Entry of satisfaction

§ 5021. 5021Entry of satisfaction

§ 5021. Entry of satisfaction. (a) Entry upon satisfaction-piece, court order, deposit into court, discharge of compounding joint debtor. 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, such county clerk, shall make an entry of the satisfaction or partial satisfaction on the docket of the judgment upon: 1. the filing of a satisfaction-piece or partial satisfaction-piece; or 2. the order of the court, made upon motion with such notice to other persons as the court may require, when the judgment has been wholly or partially satisfied but the judgment debtor cannot furnish the clerk with a satisfaction-piece or partial satisfaction-piece; or 3. the deposit with the clerk of a sum of money which satisfies or partially satisfies the judgment pursuant to an order of the court, made upon motion with such notice to other persons as the court may require, permitting such deposit; such an order shall not be made unless the court is satisfied that there are no outstanding executions on which sheriff's fees have not been paid; or 4. the filing of an instrument specified in article eight of the debtor and creditor law, executed by a creditor releasing or discharging a compounding joint debtor; in such case, the entry on the docket of the judgment shall state that the judgment is satisfied as to the compounding debtor only. (b) Entry upon return of execution. A sheriff shall return an execution to the clerk of the court from which the execution issued if such execution is wholly or partially satisfied, and the clerk shall make an appropriate entry on his docket of the judgment. The sheriff shall also deliver to the person making payment, upon request, a certified copy of the execution and of the return of satisfaction or partial satisfaction. Upon the filing of such copy with the clerk of the county where the execution was satisfied, such clerk shall enter satisfaction or partial satisfaction on his docket of the judgment. Provided however that, in addition, a return of execution arising out of an action brought pursuant to article eighteen of the New York city civil court act, article eighteen of the uniform city court act, article eighteen of the uniform district court act, or article eighteen of the uniform justice court act shall be made and entered whether wholly or partially satisfied, or unsatisfied, within ninety days after receipt of the judgment by the sheriff and the clerk shall make an appropriate entry on his docket of the judgment. (c) Entry upon certificate. Upon the filing of a certificate of the clerk of the county in which the judgment was entered, stating that the judgment has been wholly or partially satisfied, the clerk of any court or county where a judgment has been docketed shall make an appropriate entry on his docket of the judgment.