§ 5106.Appointment of receiver.
Article 51. Enforcement of Judgments and Orders Generally · Last amended 1963 · Last verified July 21, 2026
Full Text of CPLR 5106
Plain-English Summary
Sometimes carrying out a judgment means someone besides the parties needs to take charge of the property at issue — collecting rents, managing a business, or arranging a sale. This section gives the court that tool after judgment: appointing a receiver of property that was the subject of the action, either to carry the judgment into effect or to dispose of the property according to what the judgment directs.
Unless the court orders otherwise, the receivership runs under Article 64's general receivership provisions, which supply the procedural framework — bonds, powers, accounting, and the like — for how the receiver operates.
Frequently Asked Questions
Can a New York court appoint a receiver to help enforce a judgment?
Yes. CPLR 5106 lets the court appoint a receiver over property that was the subject of the action, to carry the judgment into effect or dispose of the property as directed.
What rules govern a receiver appointed under CPLR 5106?
Article 64's general receivership provisions, unless the court orders otherwise.
Is this the same as a temporary receiver appointed while a case is pending?
No. This section covers a receiver appointed after judgment to carry it out — a separate tool from the provisional remedy of a temporary receiver during the action.
What can a court-appointed receiver do with the property under this section?
Whatever the judgment directs — carrying the judgment into effect or disposing of the property according to its terms.
Does the court have discretion over how the receivership operates?
Yes. Article 64 applies by default, but the court can order different procedures if the situation calls for it.
Advisory Committee Notes
This section is derived from the second numbered subparagraph of § 974. The first and third subparagraphs dealt with the provisional remedy of a temporary receiver pending the action or pending an appeal, and they have been treated in article 64. Since subparagraph 2 concerned only the enforcement of a judgment its grant of authority to appoint a receiver has been placed in this article, but the details of the receivership have been made subject to the provisions of article 64.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.