reglab/statecodes huggingface dataset:
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › 4545 - Admissibility of Collateral Source of Payment.

§ 4545. Admissibility of collateral source of payment. (a) Actions for
personal  injury,  injury  to  property or wrongful death. In any action
brought to recover damages for personal injury, injury  to  property  or
wrongful  death,  where  the  plaintiff seeks to recover for the cost of
medical care, dental care, custodial care  or  rehabilitation  services,
loss  of  earnings  or other economic loss, evidence shall be admissible
for consideration by the court to establish that any such past or future
cost or expense was or will, with reasonable certainty, be  replaced  or
indemnified, in whole or in part, from any collateral source, except for
life insurance and those payments as to which there is a statutory right
of  reimbursement.  If the court finds that any such cost or expense was
or will, with reasonable certainty, be replaced or indemnified from  any
such  collateral source, it shall reduce the amount of the award by such
finding, minus an amount equal to the premiums paid by the plaintiff for
such benefits for the two-year period immediately preceding the  accrual
of such action and minus an amount equal to the projected future cost to
the  plaintiff  of  maintaining such benefits. In order to find that any
future cost or expense will, with reasonable certainty, be  replaced  or
indemnified  by  the  collateral  source,  the  court must find that the
plaintiff  is  legally  entitled  to  the  continued  receipt  of   such
collateral  source,  pursuant  to  a  contract  or otherwise enforceable
agreement, subject only to the continued payment of a premium  and  such
other  financial  obligations  as may be required by such agreement. Any
collateral source deduction required by this subdivision shall  be  made
by  the  trial  court  after  the  rendering  of the jury's verdict. The
plaintiff may prove  his  or  her  losses  and  expenses  at  the  trial
irrespective  of  whether  such sums will later have to be deducted from
the plaintiff's recovery.
(b) Voluntary charitable contributions excluded as a collateral source
of payment. Voluntary charitable contributions received  by  an  injured
party  shall not be considered to be a collateral source of payment that
is admissible in evidence to reduce the amount of any award, judgment or
settlement.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › 4546 - Loss of Earnings and Impairment of Earning Ability in Actions for Medical, Dental or Podiatric Malpractice.

§  4546. Loss of earnings and impairment of earning ability in actions
  for medical, dental or podiatric  malpractice.  1.  In  any  action  for
  medical,  dental  or  podiatric malpractice where the plaintiff seeks to
  recover damages for loss of earnings or impairment of  earning  ability,
  evidence  shall be admissible for consideration by the court, outside of
  the presence of the jury, to establish  the  federal,  state  and  local
  personal  income  taxes which the plaintiff would have been obligated by
  law to pay.
2. In any such action, the court shall instruct the jury not to deduct
  federal, state and local personal income taxes in determining the award,
  if any, for loss of earnings and  impairment  of  earning  ability.  The
  court  shall further instruct the jury that any reduction for such taxes
  from any award shall, if warranted, be made by the court.
3. In any such action, the court shall, if warranted by the  evidence,
  reduce  any  award for loss of earnings or impairment of earning ability
  by the amount of federal, state and local personal  income  taxes  which
  the  court  finds,  with  reasonable certainty, that the plaintiff would
  have been obligated by law to pay.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › 4547 - Compromise and Offers to Compromise.

§   4547.  Compromise  and  offers  to  compromise.  Evidence  of  (a)
  furnishing, or offering or promising to furnish, or  (b)  accepting,  or
  offering   or   promising  to  accept,  any  valuable  consideration  in
  compromising or attempting to compromise a claim which is disputed as to
  either validity or amount of damages, shall be inadmissible as proof  of
  liability  for  or  invalidity  of  the  claim or the amount of damages.
  Evidence of any conduct or statement made during compromise negotiations
  shall also be inadmissible. The provisions of  this  section  shall  not
  require  the exclusion of any evidence, which is otherwise discoverable,
  solely  because  such  evidence  was  presented  during  the  course  of
  compromise  negotiations. Furthermore, the exclusion established by this
  section shall not limit the admissibility of such evidence  when  it  is
  offered  for  another  purpose,  such  as proving bias or prejudice of a
  witness, negating a contention of undue delay or proof of an  effort  to
  obstruct a criminal investigation or prosecution.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › 4548 - Privileged Communications; Electronic Communication Thereof.

§  4548.  Privileged communications; electronic communication thereof.
  No communication privileged under this article shall lose its privileged
  character for the sole reason that  it  is  communicated  by  electronic
  means  or  because persons necessary for the delivery or facilitation of
  such electronic communication may have access  to  the  content  of  the
  communication.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › 4549 - Admissibility of an Opposing Party's Statement.

§  4549.  Admissibility  of an opposing party's statement. A statement
  offered against an opposing party shall not be excluded from evidence as
  hearsay if made by a person whom the opposing party authorized to make a
  statement on the subject or by the opposing party's agent or employee on
  a matter within the scope of that relationship and during the  existence
  of that relationship.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › 4550 - Admissibility of Evidence Related to Legally Protected Health Activity.

§  4550. Admissibility of evidence related to legally protected health
  activity. Evidence relating to the involvement of a  party  engaging  in
  one  or  more legally protected health activity, as defined in paragraph
  (b) of subdivision one of section 570.17 of the criminal procedure  law,
  relating  to  providing  reproductive  health  services  to  persons not
  physically present in this state shall not be offered against such party
  as evidence that such party  has  engaged  in  any  wrongdoing,  whether
  civil, criminal, professional, or otherwise by virtue of such recipients
  of  such services not being physically present in this state. Nothing in
  this section shall prevent a party from  offering  such  evidence  in  a
  proceeding  that  (i) sounds in tort or contract, (ii) is actionable, in
  an equivalent or similar manner, under the laws of this state, and (iii)
  was brought by the patient who received reproductive health services, or
  the patient's legal representative.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › R4551 - New York Voting and Elections Database.

* Rule  4551.  New  York  voting  and  elections  database.  The data,
  information, and/or estimates maintained by  the  New  York  voting  and
  elections database within the state board of elections or copies of such
  data,  information  and/or  estimates  provided  to the attorney general
  pursuant to subdivision three of section 3-112 of the election law shall
  be granted a rebuttable presumption of validity by any court  concerning
  any claim brought.
* NB Effective April 1, 2026
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 50 - Judgments Generally › 5001 - Interest to Verdict, Report or Decision.

§  5001. Interest to verdict, report or decision. (a) Actions in which
recoverable. Interest shall be recovered upon a sum awarded because of a
breach of performance of a contract, or because of an  act  or  omission
depriving  or  otherwise  interfering  with  title  to, or possession or
enjoyment of, property, except that in an action of an equitable nature,
interest and the rate and date from which it shall be computed shall  be
in the court's discretion.
(b)  Date  from  which  computed.  Interest shall be computed from the
earliest ascertainable date the cause of  action  existed,  except  that
interest  upon  damages  incurred  thereafter shall be computed from the
date incurred. Where  such  damages  were  incurred  at  various  times,
interest  shall be computed upon each item from the date it was incurred
or upon all of the damages from a single reasonable intermediate date.
(c) Specifying date; computing interest. The date from which  interest
is to be computed shall be specified in the verdict, report or decision.
If  a  jury  is  discharged  without specifying the date, the court upon
motion shall fix the date, except that where the date is certain and not
in dispute, the date may be  fixed  by  the  clerk  of  the  court  upon
affidavit.  The amount of interest shall be computed by the clerk of the
court,  to  the  date the verdict was rendered or the report or decision
was made, and included in the total sum awarded.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 50 - Judgments Generally › 5002 - Interest From Verdict, Report or Decision to Judgment.

§  5002.  Interest  from  verdict,  report  or  decision  to judgment.
  Interest shall be  recovered  upon  the  total  sum  awarded,  including
  interest  to  verdict,  report or decision, in any action, from the date
  the verdict was rendered or the report or decision was made to the  date
  of  entry of final judgment. The amount of interest shall be computed by
  the clerk of the court and included in the judgment.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 50 - Judgments Generally › 5003-B - Nondisclosure Agreements.

§  5003-b.  Nondisclosure agreements. Notwithstanding any other law to
  the contrary, for any claim or cause of action,  whether  arising  under
  common  law, equity, or any provision of law, the factual foundation for
  which  involves  discrimination,  in  violation  of   laws   prohibiting
  discrimination,  including  but  not  limited to, article fifteen of the
  executive law, in resolving, by agreed  judgment,  stipulation,  decree,
  agreement  to  settle,  assurance  of  discontinuance  or  otherwise, no
  employer, its officer or employee shall have the authority to include or
  agree to include in such resolution any term  or  condition  that  would
  prevent  the disclosure of the underlying facts and circumstances to the
  claim  or  action  unless  the  condition  of  confidentiality  is   the
  plaintiff's  preference.  Any such term or condition must be provided to
  all parties, and the plaintiff shall have twenty-one  days  to  consider
  such  term or condition. If after twenty-one days such term or condition
  is the plaintiff's preference, such preference shall be memorialized  in
  an  agreement signed by all parties. For a period of at least seven days
  following the execution of such agreement, the plaintiff may revoke  the
  agreement,   and   the  agreement  shall  not  become  effective  or  be
  enforceable until such revocation period has expired.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 50 - Judgments Generally › 5004 - Rate of Interest.

§  5004.  Rate  of interest. (a) Interest shall be at the rate of nine
per centum per  annum,  except  where  otherwise  provided  by  statute;
provided the annual rate of interest to be paid in an action arising out
of  a  consumer  debt where a natural person is a defendant shall be two
per centum per annum (i) on a judgment or accrued  claim  for  judgments
entered on or after the effective date of the chapter of the laws of two
thousand  twenty-one  which  amended this section, and (ii) for interest
upon a judgment pursuant to section five thousand three of this  article
from the date of the entry of judgment on any part of a judgment entered
before  the  effective  date  of the chapter of the laws of two thousand
twenty-one which  amended  this  section  that  is  unpaid  as  of  such
effective date.
(b)  For  the  purpose  of  this  section  "consumer  debt"  means any
obligation or alleged obligation of any  natural  person  to  pay  money
arising  out of a transaction in which the money, property, insurance or
services which are the subject of  the  transaction  are  primarily  for
personal,  family  or household purposes, whether or not such obligation
has been reduced to judgment, including, but not limited to, a  consumer
credit transaction, as defined in subdivision (f) of section one hundred
five of this chapter.
(c)  This  section  does  not  affect or create any rights or remedies
related to any  amounts  paid  prior  to  the  effective  date  of  this
subdivision,  including  amounts paid to satisfy judgments or to accrued
interest or fees paid, or with respect to judgments satisfied  prior  to
the  effective  date  of this subdivision. For amounts paid prior to the
effective date of this subdivision and lawfully applied in  satisfaction
or  partial  satisfaction  of  interest  or  fees  accrued  prior to the
effective date of this subdivision, this section shall not be  construed
to  require  a judgment creditor or sheriff to (i) return or refund such
amounts to judgment debtors; or (ii) apply such payments to satisfy  any
part  of  a  money  judgment  other  than fees or interest upon judgment
pursuant to section five thousand three of this article.
(d) If any word, phrase, clause, sentence, paragraph, subdivision,  or
part of this section or its application to any person or circumstance is
held  invalid by any court of competent jurisdiction after exhaustion of
all further judicial review, the invalidity shall not affect, impair, or
invalidate the remainder of this section or applications of this article
which can be given effect without the invalid provision or  application,
and to this end the provisions of this section are severable.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 50 - Judgments Generally › 5011 - Definition and Content of Judgment.

§  5011.  Definition  and  content  of  judgment.  A  judgment  is the
  determination of the rights of the  parties  in  an  action  or  special
  proceeding  and  may  be either interlocutory or final. A judgment shall
  refer to, and state the result of, the verdict or  decision,  or  recite
  the  default upon which it is based. A judgment may direct that property
  be paid into court when the party would not have the benefit or  use  or
  control  of  such  property  or  where  special  circumstances  make  it
  desirable that payment or delivery to the party entitled to it should be
  withheld. In any case where  damages  are  awarded  to  an  incarcerated
  individual  serving a sentence of imprisonment with the state department
  of corrections and community supervision or to a prisoner confined at  a
  local  correctional facility, the court shall give prompt written notice
  to the office of victim services, and at the same time shall direct that
  no payment be made to such incarcerated individual  or  prisoner  for  a
  period  of  thirty  days  following  the  date  of  entry  of  the order
  containing such direction.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 50 - Judgments Generally › R5012 - Judgment Upon Part of Cause of Action; Upon Several Causes.

Rule 5012. Judgment upon part of cause of action; upon several causes.
  The  court,  having ordered a severance, may direct judgment upon a part
  of a cause of action or upon one or more causes of action as to  one  or
  more parties.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 50 - Judgments Generally › R5013 - Effect of Judgment Dismissing Claim.

Rule  5013. Effect of judgment dismissing claim. A judgment dismissing
  a cause of action before the close of the proponent's evidence is not  a
  dismissal  on  the  merits unless it specifies otherwise, but a judgment
  dismissing a cause of action after the close of the proponent's evidence
  is a dismissal on the merits unless it specifies otherwise.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 50 - Judgments Generally › 5014 - Action Upon Judgment.

§ 5014. Action upon judgment. Except as permitted by section 15-102 of
  the  general obligations law, an action upon a money judgment entered in
  a court of the state may only be maintained between the original parties
  to the judgment where:
1. ten years have elapsed since the first docketing of  the  judgment;
  or
2.  the judgment was entered against the defendant by default for want
  of appearance and the summons was served other than by personal delivery
  to him or to his agent for service designated  under  rule  318,  either
  within or without the state; or
3.  the court in which the action is sought to be brought so orders on
  motion with such notice to such other persons as the court may direct.
An action may be commenced  under  subdivision  one  of  this  section
  during  the  year  prior  to the expiration of ten years since the first
  docketing of  the  judgment.  The  judgment  in  such  action  shall  be
  designated a renewal judgment and shall be so docketed by the clerk. The
  lien  of a renewal judgment shall take effect upon the expiration of ten
  years from the first docketing of the original judgment.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 › 5046 - Adjustment of Payments.

§  5046.  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
health  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, dental and other  health  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 lump sum shall
be calculated on the basis of the present value  of  remaining  periodic
payments,  or  portions  thereof,  that  are  converted  into a lump sum
payment. Unless specifically waived by all parties, the annuity contract
executed pursuant to section five thousand  forty-two  of  this  article
shall  contain  a  provision authorizing such a lump sum payment if such
payment is approved pursuant  to  this  section.  The  remaining  future
periodic  payments,  if  any,  shall  be  reduced  accordingly.  For the
purposes of this section, present value shall be calculated based on the
interest rate and mortality assumptions at the  time  such  a  lump  sum
payment  is  made  as  determined  by  the  insurer who has provided the
annuity  contract,  in  accordance  with  regulations  issued   by   the
superintendent of financial services.
2023 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 › 5047 - Settlements.

§  5047.  Settlements.  Nothing  in this article shall be construed to
  limit the right of a plaintiff, defendant or defendants and any  insurer
  to  settle  property damage, personal injury or wrongful death claims as
  they consider appropriate and in their complete discretion.
2023 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 › 5048 - Assignment of Periodic Installments.

§  5048.  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.
2023 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 › 5049 - Duties of Superintendent of Financial Services.

§   5049.   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.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 51 - Enforcement of Judgments and Orders Generally › 5101 - Enforcement of Money Judgment or Order.

§  5101.  Enforcement of money judgment or order. A money judgment and
  an order directing the payment of money, including motion costs, may  be
  enforced  as  prescribed  in  article  fifty-two.   An order of support,
  alimony or maintenance of any  court  of  competent  jurisdiction  where
  arrears/past-due  support  have  not been reduced to judgment, including
  motion costs, may be enforced as prescribed in  article  fifty-two  upon
  the  default  of  a debtor as such term is defined in paragraph seven of
  subdivision (a) of section fifty-two hundred forty-one of this  article,
  except  that  for the purposes of this section only, a default shall not
  be founded upon retroactive child  support  obligations  as  defined  in
  paragraph  (a)  of  subdivision one of section four hundred forty of the
  family court act and subdivision one of section two hundred  forty,  and
  paragraph b of subdivision nine of section two hundred thirty-six of the
  domestic  relations law. The establishment of a default shall be subject
  to the procedures established for the determination of a mistake of fact
  for income executions pursuant to subdivision (e) of  section  fifty-two
  hundred forty-one of this article.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 51 - Enforcement of Judgments and Orders Generally › 5102 - Enforcement of Judgment or Order Awarding Possession of Real Property or a Chattel.

§  5102.  Enforcement of judgment or order awarding possession of real
  property or a chattel. A judgment or order, or a part thereof,  awarding
  possession  of  real  property  or  a  chattel  may  be  enforced  by an
  execution, which shall particularly describe the property and  designate
  the  party  to  whom  the  judgment  or order awards its possession. The
  execution shall comply with the provisions of section 5230, except  that
  it shall direct the sheriff to deliver possession of the property to the
  party designated.  In an action to recover a chattel, where the judgment
  awards  possession  of the chattel and in the alternative its value, the
  execution shall also direct the sheriff, if the chattel cannot be  found
  within  his  county,  to levy upon real and personal property as upon an
  execution to enforce a money  judgment.  After  the  death  of  a  party
  against  whom  a  judgment or order awarding possession of real property
  has been obtained, an order granting leave to issue such  execution  may
  be  granted upon twenty days' notice, to be served in the same manner as
  a summons, to the occupants of the real property and  to  the  heirs  or
  devisees of the deceased party.