CPLR § 5016

Entry of judgment

Rule 5016. Entry of judgment. (a) What constitutes entry. A judgment is entered when, after it has been signed by the clerk, it is filed by him.

(b) Judgment upon verdict. Judgment upon the general verdict of a jury after a trial by jury as of right shall be entered by the clerk unless the court otherwise directs; if there is a special verdict, the court shall direct entry of an appropriate judgment.

(c) Judgment upon decision. Judgment upon the decision of a court or a referee to determine shall be entered by the clerk as directed therein. When relief other than for money or costs only is granted, the court or referee shall, on motion, determine the form of the judgment.

(d) After death of party. No verdict or decision shall be rendered against a deceased party, but if a party dies before entry of judgment and after a verdict, decision or accepted offer to compromise pursuant to rule 3221, judgment shall be entered in the names of the original parties unless the verdict, decision or offer is set aside. This provision shall not bar dismissal of an action or appeal pursuant to section 1021.

(e) Final judgment after interlocutory judgment. Where an interlocutory judgment has been directed, a party may move for final judgment when he becomes entitled thereto.

Official sourcehttps://www.nysenate.gov/legislation/laws/CVP/5016

In plain English

(a) What is entry: a judgment is entered when the clerk signs it and files it. ★ (b) judgment on a general jury verdict is entered by the clerk unless the court directs otherwise; a special verdict needs the court to direct the proper judgment. (c) judgment on a court/referee decision is entered by the clerk as directed; non-money relief form is set by the court on motion. (d) Death of a party: no verdict/decision against a dead party, but if a party dies after verdict/decision but before entry, judgment is entered in the original parties' names. (e) after an interlocutory judgment, a party may move for final judgment when entitled.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 2 — The JG-22 CPLR and in Volume 1 — The JG-22 in Plain English.