Seeking Relief from a Lien or Levy Pending an Appeal (New York)

Upon an appeal of a money judgment, and upon the purchase of a bond, CPLR § 5204 provides the judgment debtor with potential "suspension" of judgment enforcement, including the cancellation of levies and releasing of liens.

The court has discretion to exempt particular property.

The court order releasing a lien may be utilized pursuant to CPLR § 5019(b) to amend the judgment docket.

We remember from yesterday's blog that a "docketed" judgment creates a lien on real property.

Although not commonly used in our collection-defense practice, this section (CPLR § 5204), like every other section of Article 52 [Enforcement of Money Judgments], serves a valuable purpose.

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