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Renewal Lien Does Not Have Retroactive Effect

By Stewart E. Sterk
June 29, 2009

Under CPLR 211(b), a money judgment remains effective for 20 years. Under CPLR 5203(a), a lien on real property arising from that money judgment remains effective for only ten years. If the judgment creditor brings an action to extend that lien before the expiration of the ten-year period, and ultimately prevails, is the judgment creditor protected against a mortgagee or transferee who acquired an interest in the real property after expiration of the ten-year period but before the judgment creditor obtained a judgment extending the judgment lien? That question reached the Court of Appeals in Gletzer v. Harris (NYLJ 5/13/09, p. 36., col. 1), and the court held that the mortgagee prevails over the judgment creditor. How, then, can the judgment creditor protect himself?

The Statutory Scheme

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