CPLR § 5404

Stay · as in force on May 31, 2026

§ 5404. Stay. (a) Based upon security in foreign jurisdiction. If the judgment debtor shows the supreme court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.

(b) Based upon other grounds. If the judgment debtor shows the supreme court any ground upon which enforcement of a judgment of the supreme court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state.

Official sourcehttps://www.nysenate.gov/legislation/laws/CVP/5404

In plain English

A judgment debtor can require a stay of a filed foreign judgment by showing the grounds and providing the required security.

(a) If an appeal is pending or will be taken, or execution was stayed, and the debtor proves that the rendering state’s required security was furnished, the Supreme Court must stay enforcement until the appeal ends, the appeal time expires, or the execution stay expires or is vacated. ★
(b) If the debtor shows a ground that would stay a New York Supreme Court judgment, the court must stay the foreign judgment for an appropriate period, after requiring the security New York demands.

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 1 — The Court Clerk in Plain English; Volume 2 — The Court Clerk: Civil Practice Law and Rules; Volume 1 — Your Career: Civil Practice in Plain English.