Upon motion of the judgment debtor, upon notice to the judgment creditor, the sheriff and the sureties upon the undertaking, the court may order, upon such terms as justice requires, that the lien of a money judgment, or that a levy made pursuant to an execution issued upon a money judgment, be released as to all or specified real or personal property upon the ground that the judgment debtor has given an undertaking upon appeal sufficient to secure the judgment creditor.
§ 5204.Release of lien or levy upon appeal.
Article 52. Enforcement of Money Judgments · Last amended 1970 · Last verified July 21, 2026
In one sentenceLets a court release a judgment lien or levy on real or personal property when the debtor has posted an appeal bond substantial enough to protect the creditor.
Full Text of CPLR 5204
Plain-English Summary
Filing an appeal does not automatically free a debtor's property from a judgment lien or a sheriff's levy. CPLR 5204 gives the court a way to grant that relief on motion, but only after the debtor gives the creditor, the sheriff, and the appeal bond's sureties notice and a chance to be heard.
The standard is practical rather than mechanical: the court releases the lien or levy upon such terms as justice requires, and only once it is satisfied that the undertaking posted on appeal is sufficient to secure the judgment creditor. The debtor has already put up security that does the same job the lien or levy was doing, so tying up the specific property is no longer necessary.
The release can be as broad or as narrow as the case calls for: the court can free all of the debtor's real and personal property, or only specified pieces of it.
Frequently Asked Questions
Does filing an appeal automatically remove a judgment lien in New York?
No. The debtor has to move for release under CPLR 5204 and show the court that the appeal bond adequately secures the creditor.
Who has to be notified before a court releases a lien under CPLR 5204?
The judgment creditor, the sheriff, and the sureties on the appeal undertaking all must receive notice of the motion.
Can a court release only part of a debtor's property from a levy?
Yes. CPLR 5204 lets the court release the lien or levy as to all or only specified real or personal property.
What must a debtor show to get a lien released while an appeal is pending?
That the undertaking given on appeal is sufficient to secure the judgment creditor, so continuing the lien or levy is no longer necessary.
Does releasing a lien under CPLR 5204 vacate the underlying judgment?
No. It only frees the specified property from the lien or levy; the judgment remains in force and the appeal bond stands in its place as security.
Advisory Committee Notes
CPA §§ 516 through 518 provided for “suspension” of the lien upon real property where the judgment creditor was stayed from enforcing his judgment. In contrast to the provisions of § 515, “suspension” under § 516 through 518 did not extend the ten-year period. The latter sections were only operative where, on an appeal from a money judgment, an undertaking sufficient to stay enforcement without a court order had been given. In such a case, the court, in its discretion might have exempted certain affected property, or all of it, from the operation of the lien “as against judgment creditors and purchasers and mortgagees in good faith.” The judgment then “ceases to be a lien” unless, upon affirmation or appeal, or dismissal of the appeal, the lien was restored under § 519.
It was difficult to justify the provisions of § 519 for “restoration” of the lien. Indeed, the “suspension” of §§ 516 through 518 should have been a complete release of the lien for, by the very terms of § 516, it was only applicable to money judgments in situations where the judgment creditor had been secured by an undertaking. Under CPA § 594 (§ 5519(a)(2) and (3)) the undertaking required for a stay without a court order must be to the effect that if the judgment is affirmed or the appeal dismissed, the appellant will pay the judgment. This is the same condition specified for restoring the lien under § 519. If the judgment creditor is protected by the undertaking, however, there is no need to restore the lien.
Accordingly, this section provides for the release of the lien upon the giving of the required undertaking. It is not limited to release against purchasers in good faith, but operates as a complete release.
The section thus more pointedly indicates that the effect of the former provision on suspension of the lien was to permit a “bonding” of the lien by the undertaking upon appeal. No “bonding” was permitted unless the debtor took an appeal, for his method of releasing the lien in any other case would be to pay the judgment.
The order releasing a lien under this section may be utilized pursuant to § 5019(b) to amend the judgment docket.
Amendment History
Add, L 1962, ch 308; amd, L 1970, ch 600, § 1, eff July 1, 1970.
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: release judgment lien pending appeal New Yorkappeal bond release levyCPLR 5204 undertaking on appealhow to release a judgment lien during appeal