Any interlocutory or final judgment or order, or any part thereof, not enforceable under either article fifty-two or section 5102 may be enforced by serving a certified copy of the judgment or order upon the party or other person required thereby or by law to obey it and, if he refuses or wilfully neglects to obey it, by punishing him for a contempt of the court.
§ 5104.Enforcement of judgment or order by contempt.
Article 51. Enforcement of Judgments and Orders Generally · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 5104 lets any judgment or order not enforceable under Article 52 or CPLR 5102 be enforced by serving a certified copy on the person bound by it and holding that person in contempt for refusing or willfully neglecting to obey.
Full Text of CPLR 5104
Plain-English Summary
Not every judgment directs the payment of money or the delivery of property — some order a party to do something else entirely, like comply with an injunction. This section is the catch-all for those. Any interlocutory or final judgment or order that Article 52 and CPLR 5102 don't already cover can be enforced by serving a certified copy on the party or person required to obey it.
If that person refuses or willfully neglects to comply after being served, the court can punish the failure as a contempt. Willfulness matters here — an inability to comply is different from a refusal or willful neglect to comply.
Frequently Asked Questions
How is an injunction or other non-money judgment enforced in New York?
Through contempt under CPLR 5104: serve a certified copy of the judgment or order, and if the person refuses or willfully neglects to obey it, the court can punish that as contempt.
What has to happen before someone can be held in contempt under CPLR 5104?
The person has to be served with a certified copy of the judgment or order, and then refuse or willfully neglect to obey it.
Does CPLR 5104 apply to money judgments?
No. Money judgments go through Article 52, and judgments awarding possession of property go through CPLR 5102; section 5104 covers what's left.
Is willfulness required for contempt under this section?
Yes. The statute requires that the person refuse or willfully neglect to obey — not just fail to comply for reasons beyond their control.
Can a judgment be enforced under both CPLR 5104 and another method?
Some judgments can — CPLR 5105 lists specific categories where a party may choose between execution and contempt, or use both.
Advisory Committee Notes
(See also Advisory Committee notes preceding § 5101, under subheading “Judgments directing sale of real property.”). This section is derived from subd 1 and 2 of CPA § 505. The provision has been expanded to include interlocutory and final judgments and orders. See introduction to this article. The provision respecting certification of the copy of the order or judgment has been conformed to CPLR rule 2220(b), which governs service of an order generally. Certification by an attorney with the same effect as by a clerk is provided for in rule 2105.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: contempt enforcement judgment New Yorkenforce injunction contemptcertified copy judgment contemptwillful neglect court order New York