Optional procedure · as in force on May 31, 2026
§ 5406. Optional procedure. The right of a judgment creditor to proceed by an action on the judgment or a motion for summary judgment in lieu of complaint, instead of proceeding under this article, remains unimpaired.
Instead of using this article’s filing procedure, a judgment creditor may still bring an action on the judgment or move for summary judgment in lieu of a complaint. ★
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.
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.