Friday, September 12, 2014

Time limits on renewal of a judgment lien.

Practice point:  CPLR 5014(1) allows an action on a money judgment between the original parties when ten years have elapsed since the judgment was first docketed. So, an action for a renewal judgment is not time-barred if it is commenced more than ten years after the original judgment was docketed. Here, though, instead of commencing a new action, pursuant to CPLR 5014, the plaintiff moved in the original action to renew the judgment lien. As the plaintiff's did not commence a new action, as required by CPLR 5014, the Appellate Division affirmed the Supreme Court's denial of that branch of the motion which was to renew the judgment lien.

Student note:  Since a money judgment is viable for 20 years, but a lien on real property is only effective for 10 years, pursuant to CPLR 211[b] and 5203[a]), the Legislature enacted CPLR 5014 to allow a judgment creditor to renew the lien by commencing an action for a renewal judgment.

Case:  Guerra v. Crescent St. Corp., NY Slip Op 05948 (2d Dept. 2014)

Here is the decision.

Monday's issue: In a mortgage foreclosure action, a challenge to standing, and assignment of the mortgage and the underlying note.