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This entry was published on 2021-11-12
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SECTION 5019
Validity and correction of judgment or order; amendment of docket
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 50
§ 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.