reglab/housing_qa huggingface dataset:
NY CPLR § 5015 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 50 - Judgments Generally R5015 - Relief From Judgment or Order.

Rule  5015.  Relief from judgment or order.  (a) On motion.  The court which rendered a judgment or order may relieve a party from it upon such terms as may be just, on motion  of  any  interested  person  with  such notice as the court may direct, upon the ground of:   1.  excusable  default,  if  such motion is made within one year after service of a copy of the judgment or order with written  notice  of  its entry  upon  the  moving  party, or, if the moving party has entered the judgment or order, within one year after such entry; or   2. newly-discovered evidence which, if introduced at the trial,  would probably  have produced a different result and which could not have been discovered in time to move for a new trial under section 4404; or   3. fraud, misrepresentation, or other misconduct of an adverse  party; or   4. lack of jurisdiction to render the judgment or order; or   5. reversal, modification or vacatur of a prior judgment or order upon which it is based.  (b)  On  stipulation.  The  clerk  of  the  court may vacate a default judgment entered pursuant to section 3215 upon the filing with him of  a stipulation  of  consent to such vacatur by the parties personally or by their attorneys.  (c) On application  of  an  administrative  judge.  An  administrative judge,  upon  a  showing  that default judgments were obtained by fraud, misrepresentation, illegality, unconscionability, lack of  due  service, violations of law, or other illegalities or where such default judgments were  obtained  in  cases  in  which those defendants would be uniformly entitled to interpose a defense predicated upon but not limited  to  the foregoing  defenses, and where such default judgments have been obtained in a number deemed sufficient by him to justify such action as set forth herein, and upon  appropriate  notice  to  counsel  for  the  respective parties, or to the parties themselves, may bring a proceeding to relieve a  party  or  parties  from  them  upon  such  terms as may be just. The disposition of any proceeding so instituted shall  be  determined  by  a judge other than the administrative judge.  (d)  Restitution.   Where a judgment or order is set aside or vacated, the court may direct and enforce restitution in like manner and  subject to  the  same  conditions as where a judgment is reversed or modified on appeal.
NY CPLR § 5016 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 50 - Judgments Generally R5016 - Entry of Judgment.

Rule 5016. Entry of judgment.  (a) What constitutes entry.  A judgment is  entered  when, after it has been signed by the clerk, it is filed by him.  (b) Judgment upon verdict.   Judgment upon the general  verdict  of  a jury  after  a  trial  by jury as of right shall be entered by the clerk unless the court otherwise directs; if there is a special  verdict,  the court shall direct entry of an appropriate judgment.  (c)  Judgment upon decision.  Judgment upon the decision of a court or a referee to determine  shall  be  entered  by  the  clerk  as  directed therein.  When relief other than for money or costs only is granted, the court or referee shall, on motion, determine the form of the judgment.  (d)  After  death of party.   No verdict or decision shall be rendered against a deceased party, but if a party dies before entry  of  judgment and  after  a verdict, decision or accepted offer to compromise pursuant to rule 3221, judgment shall be entered in the  names  of  the  original parties  unless  the  verdict,  decision  or  offer is set aside.   This provision shall not bar dismissal of an action  or  appeal  pursuant  to section 1021.  (e)   Final   judgment   after  interlocutory  judgment.     Where  an interlocutory judgment has been directed, a party  may  move  for  final judgment when he becomes entitled thereto.
NY CPLR § 5017 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 50 - Judgments Generally R5017 - Judgment-Roll.

Rule   5017.   Judgment-roll.    (a)  Preparation  and  filing.    A judgment-roll shall be prepared by the attorney for the party  at  whose instance  the  judgment is entered or by the clerk. It shall be filed by the clerk when he enters judgment, and shall state the date and time  of its filing.  (b)  Content.  The judgment-roll shall contain the summons, pleadings, admissions, each  judgment  and  each  order  involving  the  merits  or necessarily  affecting  the final judgment. If the judgment was taken by default, it shall also contain the proof required by subdivision (f)  of section  3215  and  the  result  of any assessment, account or reference under subdivision (b) of section 3215. If a trial was had, it shall also contain the verdict or decision, any tender or offer  made  pursuant  to rules  3219,  3220  or  3221,  and any transcript of proceedings then on file. If any appeal was taken, it shall also contain  the  determination and  opinion of each appellate court and the papers on which each appeal was heard. In an action to recover a chattel, it shall also contain  the sheriff's  return.  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. The judgment-roll of a judgment  by  confession  under  section  3218  shall consist of the affidavit and a copy of the judgment.
NY CPLR § 5019 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 50 - Judgments Generally 5019 - Validity 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.
NY CPLR § 5020-A (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 50 - Judgments Generally 5020-A - Payment of Judgment in Certain Cases.

§ 5020-a. Payment of judgment in certain cases. When a judgment debtor   has  shown  to  the satisfaction of the clerk of the court from which an   execution has been issued that  a  sum  of  money  which  satisfies  the   judgment  had  been  sent  to  the  last  known  address of the judgment   creditor by registered or certified mail, return receipt requested,  but   was  returned  as  unclaimed  or  undeliverable  by the post office, the   judgment debtor may deposit with the clerk of  such  court  a  certified   check  in  an  amount  equal  to  the  sum  of money which satisfies the   judgment. Upon receipt of such check any additional charges relating  to   an  execution  shall cease to accrue against the judgment debtor and the   clerk shall forthwith notify each  sheriff  to  whom  an  execution  was   issued that such execution is hereby rescinded. Such notice shall not be   effective  upon  the  sheriff  until  its receipt by him from the clerk.   Provided, however, no entry of the satisfaction on  the  docket  of  the   judgment  made be made by the clerk except pursuant to the provisions of   section 5021.
NY CPLR § 5032 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 50-A - Periodic Payment of Judgments in Medical and Dental Malpractice Actions 5032 - Form of Security.

§  5032. Form of security. Security authorized or required for payment   of a judgment for periodic installments entered in accordance with  this   article  must  be  in  the  form  of  an annuity contract, executed by a   qualified insurer  and  approved  by  the  superintendent  of  financial   services  pursuant to section five thousand thirty-nine of this article,   and approved by the court.
NY CPLR § 5033 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 50-A - Periodic Payment of Judgments in Medical and Dental Malpractice Actions 5033 - Posting and Maintaining Security.

§  5033.  Posting  and maintaining security. (a) If the court enters a judgment for periodic installments, each  party  liable  for  all  or  a portion  of  such  judgment shall separately or jointly with one or more others post security in an amount necessary to secure  payment  for  the amount  of  the  judgment for future periodic installments within thirty days after the date the judgment is entered. A liability insurer  having a  contractual  obligation  and  any  other  person  adjudged to have an obligation to pay all or part of a judgment for periodic installments on behalf of a judgment debtor is obligated to post security to the  extent of its contractual or adjudged obligation if the judgment debtor has not done so.  (b)  A judgment creditor or successor in interest and any party having rights may move that the court find that security has  not  been  posted and  maintained with regard to a judgment obligation owing to the moving party. Upon so finding, the court shall order  that  security  complying with  this  article  be  posted  within  thirty days. If security is not posted within that time and subdivision (c) of  this  section  does  not apply,  the court shall enter a judgment for the lump sum as such sum is determinable under the law without regard to this article.  (c) If a judgment debtor who is the only person liable for  a  portion of  a  judgment  for  periodic  installments  fails to post and maintain security, the right to lump sum payment described in subdivision (b)  of this  section  applies only against that judgment debtor and the portion of the judgment so owed.  (d) If more than one party is  liable  for  all  or  a  portion  of  a judgment requiring security under this article and the required security is  posted  by one or more but fewer than all of the parties liable, the security requirements are  satisfied  and  those  posting  security  may proceed  under  subdivision  (b)  of  this section to enforce rights for security  or  lump  sum  payment  to  satisfy  or  protect   rights   of reimbursement from a party not posting security.
NY CPLR § 5034 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 50-A - Periodic Payment of Judgments in Medical and Dental Malpractice Actions 5034 - Failure to Make Payment.

§  5034.  Failure  to  make payment. If at any time following entry of   judgment, a judgment debtor fails for any reason to make a payment in  a   timely  fashion  according  to  the  terms of this article, the judgment   creditor may petition the court which rendered the original judgment for   an order requiring payment by the judgment  debtor  of  the  outstanding   payments  in  a  lump  sum.  In  calculating  the amount of the lump sum   judgment, the court shall total the remaining periodic payments due  and   owing  to  the  judgment creditor, as calculated pursuant to subdivision   (e) of section five thousand thirty-one of this article, and  shall  not   convert these amounts to their present value. The court may also require   the payment of interest on the outstanding judgment.
NY CPLR § 5036 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 50-A - Periodic Payment of Judgments in Medical and Dental Malpractice Actions 5036 - Adjustment of Payments.

§  5036.  Adjustment  of  payments. (a) If, at any time after entry of judgment, a judgment creditor or successor  in  interest  can  establish that the continued payment of the judgment in periodic installments will impose  a  hardship,  the  court  may, in its discretion, order that the remaining payments or a portion thereof shall be made  to  the  judgment creditor  in a lump sum. The court shall, before entering such an order, find that: (i) unanticipated and substantial medical,  dental  or  other needs have arisen that warrant the payment of the remaining payments, or a  portion thereof, in a lump sum; (ii) ordering such a lump sum payment would not impose an unreasonable financial burden on the judgment debtor or debtors; (iii) ordering such a lump sum payment will accommodate  the future  medical  and  other  needs  of  the  judgment creditor; and (iv) ordering such a lump sum payment would further the interests of justice.  (b) If a lump sum payment is ordered by the court, such payment  shall be  made  by  the  medical  malpractice  insurance  association  created pursuant to article fifty-five of the insurance law and shall not be the obligation of the insurer providing the initial annuity  contract.  Such insurer  shall thereafter make all future payments due under its annuity contract to the association,  except  that,  if  the  lump  sum  payment ordered  by  the  court is a portion of the remaining periodic payments, such insurer shall appropriately apportion future payments due under its annuity contract between the association and the  judgment  creditor  or successor  in interest. Such lump sum payment to be paid to the judgment creditor or successor in interest by the association shall be calculated on the basis of the present value of the annuity contract,  which  shall be  based  on its cost at such time, for remaining periodic payments, or portions thereof, that are converted into a  lump  sum  payment.  In  no event  shall  such lump sum payment be greater than the present value of the annuity contract for the remaining periodic payments.
NY CPLR § 5037 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 50-A - Periodic Payment of Judgments in Medical and Dental Malpractice Actions 5037 - Settlements.

§  5037.  Settlements.  Nothing  in this article shall be construed to   limit the right of a plaintiff, defendant or defendants and any  insurer   to  settle  dental,  medical  or  podiatric  malpractice  claims as they   consider appropriate and in their complete discretion.
NY CPLR § 5038 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 50-A - Periodic Payment of Judgments in Medical and Dental Malpractice Actions 5038 - Assignment of Periodic Installments.

§  5038.  Assignment  of periodic installments. An assignment of or an   agreement to assign  any  right  to  periodic  installments  for  future   damages   contained   in  a  judgment  entered  under  this  article  is   enforceable only as to  amounts:  (a)  to  secure  payment  of  alimony,   maintenance,  or  child support; (b) for the cost of products, services,   or accommodations provided  or  to  be  provided  by  the  assignee  for   medical,  dental  or  other  health care; or (c) for attorney's fees and   other expenses of litigation incurred in securing the judgment.
NY CPLR § 5039 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 50-A - Periodic Payment of Judgments in Medical and Dental Malpractice Actions 5039 - Duties of Superintendent of Financial Services.

§   5039.   Duties   of  superintendent  of  financial  services.  The   superintendent  of  financial  services  shall   establish   rules   and   procedures  for  determining  which  insurers,  self-insurers,  plans or   arrangements are financially qualified to provide the security  required   under this article and to be designated as qualified insurers.
NY CPLR § 5042 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 50-B - Periodic Payment of Judgments in Personal Injury, Injury to Property and Wrongful Death Actions 5042 - Form of Security.

§  5042. Form of security. Security authorized or required for payment   of a judgment for periodic installments entered in accordance with  this   article  must  be  in  the  form  of  an annuity contract, executed by a   qualified insurer  and  approved  by  the  superintendent  of  financial   services  pursuant  to section five thousand forty-nine of this article,   and approved by the court.
NY CPLR § 5043 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 50-B - Periodic Payment of Judgments in Personal Injury, Injury to Property and Wrongful Death Actions 5043 - Posting and Maintaining Security.

§  5043.  Posting  and maintaining security. (a) If the court enters a judgment for periodic installments, each  party  liable  for  all  or  a portion  of  such  judgment shall separately or jointly with one or more others post security in an amount necessary to secure  payment  for  the amount  of  the  judgment for future periodic installments within thirty days after the date the judgment is entered. A liability insurer  having a  contractual  obligation  and  any  other  person  adjudged to have an obligation to pay all or part of a judgment for periodic installments on behalf of a judgment debtor is obligated to post security to the  extent of its contractual or adjudged obligation if the judgment debtor has not done so.  (b)  A judgment creditor or successor in interest and any party having rights may move that the court find that security has  not  been  posted and  maintained with regard to a judgment obligation owing to the moving party. Upon so finding, the court shall order  that  security  complying with  this  article  be  posted  within  thirty days. If security is not posted within that time and subdivision (c) of  this  section  does  not apply,  the court shall enter a judgment for the lump sum as such sum is determinable under the law without regard to this article.  (c) If a judgment debtor who is the only person liable for  a  portion of  a  judgment  for  periodic  installments  fails to post and maintain security, the right to lump sum payment described in subdivision (b)  of this  section  applies only against that judgment debtor and the portion of judgment so owed.  (d) If more than one party is  liable  for  all  or  a  portion  of  a judgment requiring security under this article and the required security is  posted  by one or more but fewer than all of the parties liable, the security requirements are  satisfied  and  those  posting  security  may proceed  under  subdivision  (b)  of  this section to enforce rights for security  or  lump  sum  payment  to  satisfy  or  protect   rights   of reimbursement from a party not posting security.
NY CPLR § 5044 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 50-B - Periodic Payment of Judgments in Personal Injury, Injury to Property and Wrongful Death Actions 5044 - Failure to Make Payment.

§  5044.  Failure  to  make payment. If at any time following entry of   judgment, a judgment debtor fails for any reason to make a payment in  a   timely  fashion  according  to  the  terms of this article, the judgment   creditor may petition the court which rendered the original judgment for   an order requiring payment by the judgment  debtor  of  the  outstanding   payments  in  a  lump  sum.  In  calculating  the amount of the lump sum   judgment, the court shall total the remaining periodic payments due  and   owing  to  the  judgment creditor, as calculated pursuant to subdivision   (e) of section five thousand forty-one of this article,  and  shall  not   convert these amounts to their present value. The court may also require   the payment of interest on the outstanding judgment.
NY CPLR § 5045 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 50-B - Periodic Payment of Judgments in Personal Injury, Injury to Property and Wrongful Death Actions 5045 - Effect of Death of Judgment Creditor.

§  5045.  Effect  of  death of judgment creditor. (a) Unless otherwise agreed between the parties at the time security is  posted  pursuant  to section  five thousand forty-three of this article, in all cases covered by this  article  in  which  future  damages  are  payable  in  periodic installments, the liability for payment of any installments for medical, dental or other costs of health care or non-economic loss not yet due at the  death  of  the  judgment  creditor terminates upon the death of the judgment creditor.  (b) The portion of any periodic payment allocable to  loss  of  future earnings  shall  not  be reduced or terminated by reason of the death of the judgment creditor, but shall be paid to persons to whom the judgment creditor owed a duty of support immediately prior to his  death  to  the extent that such duty of support exists under applicable law at the time of  the  death  of  the judgment creditor. Such payments to such persons shall continue for the remainder of the period as  originally  found  by the jury or until such duty of support ceases to exist, whichever occurs first.  In  such  cases,  the court which rendered the original judgment may, upon petition of any party in  interest,  modify  the  judgment  to award and apportion the future payments of such unpaid future damages in accordance  with  this  subdivision  which  apportioned amounts shall be payable in the future as provided for in this article. In the event that the judgment creditor does not owe a duty of support to  any  person  at the  time  of  the death of the judgment creditor or such duty ceases to exist, the remaining payments shall be considered part of the estate  of the  judgment  creditor.  In  such  cases,  the court which rendered the original judgment may, upon petition of any party in  interest,  convert those portions of such periodic payments allocable to the loss of future earnings to a lump sum by calculating the present value of such payments in  order  to  assist  in  the  settlement of the estate of the judgment creditor.