Publication Date
Winter 2009
Journal
St. John's Law Review
Abstract
The article critiques the New York Civil Practice Law and Rules (CPLR) for its outdated and overly complex framework governing money judgments, particularly in the creation, enforcement, and priority of judicial liens. It argues that the CPLR's inefficiencies and inconsistencies, exacerbated by conflicts with federal bankruptcy law and the Uniform Commercial Code (UCC), lead to unjust outcomes for both debtors and creditors. The article proposes modest reforms to align the CPLR with modern legal standards, simplify procedures, and eliminate unnecessary distinctions between tangible and intangible property.
Volume
83
Issue
1
First Page
43
Last Page
230
Publisher
St. John's University School of Law
Disciplines
Bankruptcy Law | Environmental Law | Law
Recommended Citation
David G. Carlson,
Critique of Money Judgment (Part Two: Liens on New York Personal Property),
83
St. John's L. Rev.
43
(2009).
https://larc.cardozo.yu.edu/faculty-articles/1257
