CPLR Art 54 & 55 Volume 1 Flashcards
- Definition.
In this article “foreign judgment” means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state, except one obtained by __________ in appearance, or by __________ of judgment.
Default .. confession
- Filing and status of foreign judgments.
A copy of any foreign judgment authenticated in accordance with an act of congress or the statutes of this state may be filed within ___________ of the date of authentication in the office of any county clerk of the state.
ninety (90) days
- Filing and status of foreign judgments.
The judgment creditor shall file with the judgment an ________ stating that the judgment was not obtained by default in appearance or by confession of judgment, that it is unsatisfied in whole or in part, the amount remaining unpaid, and that its enforcement has not been stayed, and setting forth the name and last known address of the _____________.
affidavit…….judgment debtor
- Filing and status of foreign judgments.
Status of foreign judgments.
The clerk shall treat the foreign judgment in the same manner as a judgment of the _____________ of this state.
supreme court
- Filing and status of foreign judgments.
A foreign judgment judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of the ___________ of this state and may be enforced or satisfied in like manner.
supreme court
- Notice of filing.
Within _________ after filing of the judgment and the affidavit, the judgment creditor shall mail notice of filing of the foreign judgment to the judgment debtor at his last known address.
thirty (30) days
- Notice of filing.
The proceeds of an execution shall not be distributed to the judgment creditor earlier than _________ after filing of proof of service.
thirty (30) days
- Stay.
(Bard) Based upon security in foreign jurisdiction.
If the judgment debtor shows the court that they have appealed the foreign judgment or that a stay of execution has been granted, the court will _________ of the foreign judgment until the appeal is:
- concluded, or
- the time for __________ expires, or
- the ____________ expires or is vacated.
However, the court will only stay enforcement if the judgment debtor provides __________ for the satisfaction of the judgment required by the state in which it was rendered.
stay enforcement……. appeal…….. stay of execution……. security
- Stay.
(Bard) Based upon other grounds.
If the judgment debtor can show the court any reason why a judgment of the ________ of this state would be stayed, the court will stay enforcement of the foreign judgment for an appropriate period but only if the judgment debtor provides the same _______ for satisfaction of the judgment that is required in this state.
supreme court ……. security
- Fees.
When a foreign judgment is filed pursuant to this article, an ________ shall be assigned and the __________ shall be as prescribed therein.
index number …… fee
- Optional procedure.
(Bard) A judgment creditor has the right to choose whether to proceed under this article or to proceed by an action on the judgment or a motion for _______________________
summary judgment in lieu of complaint.
- Uniformity of interpretation.
This article shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact these provisions.
- Uniformity of interpretation.
This article shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact these provisions.
- Citation.
This article may be cited as the “____________________________.”
Uniform Enforcement of Foreign Judgments Act
5501- Scope of Review
An appeal from a final judgment brings up for review:
- Any __________ judgment or order which necessarily affects the final judgment
- Any order denying a ___________ or ___________ not previously reviewed by the appellate court
- Any __________ to which the appellant objected or had no opportunity to object
- Any _________ made by the judge to which the appellant objected
- A verdict after __________ as of right (DR NEWCM), when the final judgment was entered in a different amount pursuant to the respondent’s stipulation on a motion to set aside the verdict as excessive or inadequate
non final ….. new trial or hearing ………… ruling…….. remark…….. trial by jury
5501- Scope of Review
The Court of appeals (the highest court in the state) reviews questions of ________ only, except upon the finding of new facts by the appellate divisions
LAW
