Section 5221. Where enforcement proceeding commenced  


Latest version.
  • (a) Court and county
      in which proceeding commenced.  1. If the judgment sought to be enforced
      was entered in the city court of any city outside the city of New  York,
      and  the  respondent resides or is regularly employed or has a place for
      the regular transaction of business in person within the county in which
      the court is or was located, a special  proceeding  authorized  by  this
      article  shall be commenced in that court or in the county court of that
      county.
        2. If the judgment sought to be enforced was  entered  in  a  district
      court,  or  by a justice of the peace whose office has been or is by law
      to be abolished and whose jurisdiction has been  or  is  by  law  to  be
      superseded  by  a  district  court,  and  the  respondent  resides or is
      regularly employed or  has  a  place  for  the  regular  transaction  of
      business  in  person  within  the county in which such district court is
      established, a special proceeding authorized by this  article  shall  be
      commenced in such district court.
        3.  If the judgment sought to be enforced was entered in the municipal
      court of the city of New York, the city court of the city of New York or
      the civil court of the city of New York, and the respondent  resides  or
      is  regularly  employed  or  has  a place for the regular transaction of
      business in person within that city, a special proceeding authorized  by
      this  article  shall  be commenced in the civil court of the city of New
      York.
        4. In any other case, if  the  judgment  sought  to  be  enforced  was
      entered  in  any court of this state, a special proceeding authorized by
      this article shall be commenced, either in the supreme court or a county
      court, in a county in which  the  respondent  resides  or  is  regularly
      employed  or  has  a  place  for  the regular transaction of business in
      person or, if there is no such county, in any county in which he may  be
      served or the county in which the judgment was entered.
        5.  If  no  court  in  which  a  special proceeding authorized by this
      article could be commenced is in session, the special proceeding may  be
      commenced  in  the  supreme court or a county court in any county within
      the judicial  district  in  which  the  proceeding  could  otherwise  be
      commenced  or in any county adjoining the county in which the proceeding
      could otherwise be commenced.
        (b) Notices, subpoenas and motions.  A notice or  subpoena  authorized
      by  this  article  may  be  issued from, and a motion authorized by this
      article may be made before, any court  in  which  a  special  proceeding
      authorized  by this article could be commenced if the person served with
      the notice, subpoena or notice of motion were respondent.