§ 5105. Alternative enforcement of judgment or order. An interlocutory or final judgment or order, or any part thereof, may be enforced either by the method prescribed in article fifty-two or that prescribed in section 5104, or both, where such judgment or part:

Terms Used In N.Y. Civil Practice Law and Rules 5105

  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Fiduciary: A trustee, executor, or administrator.
  • Trustee: A person or institution holding and administering property in trust.

1. requires the payment of money into court or to an officer of, or receiver appointed by, the court, except where the money is due upon an express or implied contract or as damages for non-performance of a contract; or

2. requires a trustee or person acting in a fiduciary relationship to pay a sum of money for a willful default or dereliction of his duty.