CPLR Art 50 Volume 2

Question 1

5016- Entry of Judgment

A judgment is entered when after it has been signed by _______ it is filed bv him

Answer 1

the Clerk

Question 2

5016- Entry of Judgment

• Judgment upon a general verdict by a jury is entered by __________ ;
• If there is a special verdict ___________ shall direct the entry of the judgment

Answer 2

the clerk…… the court

Question 3

5016- Entry of Judgment

• judgment upon decision of the court or a referee shall be entered by ________
• When relief other than for money or costs only is granted, the _________ or _________ shall, on motion, determine the form of the judgment.

Answer 3

the clerk……. court or referee

Question 4

5016- Entry of Judgment

No verdict or decision shall be rendered against a __________ party, however if a party dies after verdict but before judgment, the judgment should be entered in the names of the original parties

Answer 4

deceased

Question 5

5016- Entry of Judgment

A party may move for a final judgment when entitled to it after first receiving an _________ (temp) judgment

Answer 5

interlocutory

Question 6

5017- Judgment Roll (No bacon, egg, and cheese here)

• A judgment roll shall be prepared by the ________ for the party at whose instance the judgment is entered, or by the ___________ .
• It shall be filed by the clerk when he enters judgment and shall state the _________ and _______ of its filing.

Answer 6

Attorney…. clerk….. date and time

Question 7

5017- Judgment Roll (No bacon, egg, and cheese here)

Judgment Roll shall contain the:

1. Summons,
2. Pleadings,
3. Admissions,
4. Judgments and
5. (each) Order involving the merits.

Answer 7

(SPAJ-O)

Question 8

5017- Judgment Roll (No bacon, egg, and cheese here)

What is SPAJ-O?

Answer 8

1. Summons,
2. Pleadings,
3. Admissions,
4. Judgments and
5. each Order involving the merits.

Question 9

5017- Judgment Roll (No bacon, egg, and cheese here)

If the judgment was taken by default, it shall also contain the ________ required by subdivision (f) of section 3215 and the result of any assessment, account or reference

Answer 9

proof

Question 10

5017- Judgment Roll (No bacon, egg, and cheese here)

If a trial was had it shall also contain the ______ or ________ , any ________ or offer made, and any __________ of proceedings then on file

Answer 10

Verdict or Decision……. tender …… transcript

Question 11

5017- Judgment Roll (No bacon, egg, and cheese here)

If an appeal was taken it shall also contain the ________ of the appellate court

Answer 11

determination

Question 12

5017- Judgment Roll (No bacon, egg, and cheese here)

In an action to recover a chattel, it shall also contain the _________

Answer 12

sheriff’s return.

Question 13

5017- Judgment Roll (No bacon, egg, and cheese here)

In an action on submitted facts under rule 3222, the judgment-roll shall consist of the case, submission, affidavit, each judgment and each order necessarily affecting the final judgment.

Answer 13

5017- Judgment Roll (No bacon, egg, and cheese here)

In an action on submitted facts under rule 3222, the judgment-roll shall consist of the case, submission, affidavit, each judgment and each order necessarily affecting the final judgment.

Question 14

5017- Judgment Roll (No bacon, egg, and cheese here)

The judgment-roll of a judgment by confession under section 3218 shall consist of the ___________ and a copy of the _________

Answer 14

Affidavit ……..judgment.

Question 15

5018- Docketing of Judgment

• Immediately after filing the judgment roll, the clerk shall docket a __________ or judgment affecting title to _________
• If based upon multiple defendants and one was not summoned,then “____________ “ shall be written next to the name of each defendant not summoned

Answer 15

Money judgment…….. real property……… not summoned

Question 16

5018- Docketing of Judgment

• A transcript of judgment from a court other than Supreme, County or Family courts or even a judgment from a Court of the United States can be filed in the county where it originated or any other county with the same effect as the ________ county.
• The __________ shall then notify the clerk that issued it where it was filed, and such clerk shall record where it was filed.

Answer 16

Original ……… county clerk

Question 17

5018- Docketing of Judgment

A judgment is docketed by making an entry as follows:

1. Under the _________ of the judgment debtor first named
   (Bard) Beyond the above information, also included are the names, addresses, and other relevant information of the judgment debtor, creditor, and attorney.
2. Under the _________ 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.)

Answer 17

Surname…. surname

Question 18

5019- Validity and Correction of Judgment or Order

A judgment or order shall not be stayed, impaired or affected by any mistake, defect or irregularity not affecting a _________ of a party, but a trial or appellate court may require it to be cured.

Answer 18

substantial right

Question 19

5019- Validity and Correction of Judgment or Order

• There can be a subsequent judgment which will be docketed by the clerk; the duration of the judgment lien on real property shall be measured from the filing of the _________
• (Bard) If a judgment of a court other than the Supreme, County, or Family Court has been docketed in a county clerk’s office, the clerk must make an appropriate entry on the docket upon the filing of a certified copy of the order or judgment effecting the change or a ___________ issued by the clerk of the court in which the judgment was entered.

Answer 19

original judgment roll…… certificate of the change

Question 20

5019- Validity and Correction of Judgment or Order

• If there is a change in the party who is now entitled to enforce a judgment (new judgment creditor),then the clerk shall make an appropriate entry in the _________ of the judgment
• (NEW) This subdivision shall not apply when there is a change to the owner of a debt through a __________, _________ or other transfer where no judgment exists.

Answer 20

Docket ….. sale, assignment

Question 21

5019- Validity and Correction of Judgment or Order

The clerk shall also make any appropriate changes based on the filing of a _________ filed, issued by a county clerk

Answer 21

certificate of change

Question 22

5020- Satisfaction - Piece

When a person entitled to enforce a judgment receives either full or partial satisfaction of the judgment, they shall execute and file with the proper clerk a satisfaction piece or partial satisfaction piece. A copy of such filed with the clerk shall be mailed to the judgment debtor within ____________ after the date of filing

Answer 22

TEN (10) DAYS

Question 23

5020- Satisfaction – Piece

Within _________ after the entry of a judgment, the attorney of record for the judgment ________ may execute a full or partial satisfaction piece

Answer 23

TEN (10) YEARS ………… CREDITOR

Question 24

5020- Satisfaction – Piece

(NEW) When the judgment for less than __________ DOLLARS is fully satisfied, if the person required to file a satisfaction piece fails to do so within ____________ , then they will liable to the judgment debtor for a penalty in the amount of __________.

Answer 24

FIVE THOUSAND ($5,000) …… TWENTY (20) DAYS……..$100.00

Question 25

5020- Satisfaction – Piece

When the judgment for _______________ DOLLARS OR MORE is fully satisfied, if the person required to file a satisfaction piece fails to do so within ____________ , then they will liable to the judgment debtor for a penalty in the amount of ____________.

Answer 25

FIVE THOUSAND ($5,000)……….. TWENTY(20)DAYS………..$500.00

Question 26

5020- Satisfaction – Piece

If the judgment creditor is a city with a population greater than one million persons, the ____________ begins to run from the serving of a written demand therefore by __________ mail, return receipt requested.

Answer 26

TWENTY (20) DAYS …….. certified

Question 27

5020- Satisfaction – Piece

(Bard [I think the following is what it means. This section is not clear.]) If a transcript of a judgment has been docketed in another county, the person who satisfied the judgment must file a certificate with the clerks of _______________ where the judgment was docketed.

Answer 27

all other counties

Question 28

5020-a Payment of Judgment in Certain Cases

• When a judgment debtor has shown to the satisfaction of the court that they have attempted to pay the judgment creditor at the last known address and the mail keeps getting returned, they can relieve themselves of the burden of the judgment and any additional charges that can accrue by depositing with clerk of the court a ____________ in the amount of the judgment.
• Any additional charges relating to an execution shall cease to accrue against the judgment debtor and the clerk shall then forthwith notify each _________ to rescind any executions of judgments on file

Answer 28

certified check…….. sheriff

Question 29

5021- Entry of Satisfaction+

Upon the entry of a satisfaction piece, court order, deposit into court, or the filing of an instrument by a creditor releasing or discharging a compounding joint debtor, the clerk of the court shall make an entry of the satisfaction or partial satisfaction on the ___________ of the judgment

Answer 29

Docket

Question 30

5021- Entry of Satisfaction+

The clerk of the court shall also make an appropriate entry on his docket of the judgment upon a ________________ wholly or partial satisfaction of an execution made by him

Answer 30

sheriff’s