§ A406-25. Judgments.  


Latest version.
  • A. 
    If the defendant fails to appear or answer, or fails to appear at the time set for trial, the Clerk of the Court, after the time to appear or answer has expired or after default in appearance at the time set for trial, upon application, shall enter judgment for the relief demanded in the complaint or statement herein provided, in all cases in which the plaintiff is entitled to such judgment without proof, and shall refer all other cases to the Court.
    B. 
    Upon application, the Clerk must deliver a transcript of a judgment. If the judgment is for the plaintiff in an action to establish a mechanic's lien, the Clerk shall insert in the transcript an additional statement that the action was brought to establish a mechanic's lien and that the lien has been duly established and adjudged against the interest of the defendant in the property described in the complaint when the notice of lien was filed. If the judgment is for the recovery of a chattel which has been delivered to the unsuccessful party or for the value thereof, the Clerk shall insert in the transcript an additional statement setting forth the nature of the action and specifying the chattel described in the judgment.
    C. 
    Upon presentation of a transcript of a judgment and payment of the filing fee, the Clerk of Ulster County must endorse upon the transcript the date of its receipt, must file it in his office and must docket the judgment as of the time of the receipt of the transcript, in a book kept by him for that purpose as prescribed by law; and if the judgment is for the recovery of a chattel which has been delivered to the unsuccessful party or for the value thereof or for the establishment of a mechanic's lien, he must enter in the docket the particulars of the judgment as stated in the transcript.
    D. 
    Upon the docketing of a judgment as prescribed in § A406-25B, it shall be deemed a judgment of the County Court and may be enforced accordingly. This shall not prevent the City Court or a Judge thereof from vacating, setting aside or modifying the judgment or staying execution thereof.