CPLR 5034 — Legislation
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SECTION 5033
Posting and maintaining security
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ARTICLE 50-A
Periodic Payment of Judgments In Medical and Dental Malpractice Actions
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SECTION 5036
Adjustment of payments
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SECTION 5034
Failure to make payment
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 50-A
§ 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.