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Section 5105 – Alternative enforcement of judgment or order

May 14, 2021 | Civil Procedure, New York

An interlocutory or final judgment or order, or any part thereof, may be enforced either by the method prescribed in article fifty-two or that prescribed in section 5104, or both, where such judgment or part:

1. requires the payment of money into court or to an officer of, or receiver appointed by, the court, except where the money is due upon an express or implied contract or as damages for non-performance of a contract; or
2. requires a trustee or person acting in a fiduciary relationship to pay a sum of money for a willful default or dereliction of his duty.

N.Y. C.P.L.R. Law ยง 5105