CPLR 5202 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 5201 Debt or property subject to enforcement; proper garnishee up ARTICLE 52 Enforcement of Money Judgments next SECTION 5203 Priorities and liens upon real property Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 5202 Judgment creditor's rights in personal property Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 52 § 5202. Judgment creditor's rights in personal property. (a) Execution creditor's rights. Where a judgment creditor has delivered an execution to a sheriff, the judgment creditor's rights in a debt owed to the judgment debtor or in an interest of the judgment debtor in personal property, against which debt or property the judgment may be enforced, are superior to the extent of the amount of the execution to the rights of any transferee of the debt or property, except: 1. a transferee who acquired the debt or property for fair consideration before it was levied upon; or 2. a transferee who acquired a debt or personal property not capable of delivery for fair consideration after it was levied upon without knowledge of the levy. (b) Other judgment creditor's rights. Where a judgment creditor has secured an order for delivery of, payment of, or appointment of a receiver of, a debt owed to the judgment debtor or an interest of the judgment debtor in personal property, the judgment creditor's rights in the debt or property are superior to the rights of any transferee of the debt or property, except a transferee who acquired the debt or property for fair consideration and without notice of such order.