Every court in which a special proceeding to enforce a money judgment may be commenced, shall have power to punish a contempt of court committed with respect to an enforcement procedure.
§ 5210.Power of court to punish for contempt.
Article 52. Enforcement of Money Judgments · Last amended 1963 · Last verified July 21, 2026
In one sentenceGives every court where a special proceeding to enforce a money judgment can be brought the authority to punish contempt committed in connection with that enforcement procedure.
Full Text of CPLR 5210
Plain-English Summary
Article 52's enforcement procedures depend on cooperation, from the debtor, from garnishees, from anyone holding the debtor's property. CPLR 5210 backs that cooperation with teeth: any court in which a special proceeding to enforce a money judgment could be commenced has the power to punish contempt committed with respect to that enforcement procedure.
The provision is short because it does not need to define contempt itself; it confirms that the general contempt power reaches this specific context, rather than laying out a separate standard. Disobeying a restraining notice, for example, is elsewhere in Article 52 expressly made punishable as contempt, and this section is what gives the court authority to act on it.
Frequently Asked Questions
What happens if someone ignores a restraining notice in New York?
The court with authority over the enforcement proceeding can punish that disobedience as contempt under CPLR 5210.
Which courts can punish contempt in a judgment enforcement case?
Any court where the special proceeding to enforce the judgment could be commenced has that contempt power.
Does CPLR 5210 define what counts as contempt?
No. It confirms the court's authority to punish contempt in enforcement proceedings without separately defining the offense; that comes from New York's general contempt law.
Can a garnishee be held in contempt for ignoring a subpoena?
Yes. Refusing to comply with the disclosure and subpoena procedures elsewhere in Article 52 is the kind of conduct CPLR 5210's contempt power is meant to reach.
Is contempt the only remedy for violating enforcement procedures?
No, but CPLR 5210 makes clear it is available alongside whatever other relief the enforcement proceeding itself provides.
Advisory Committee Notes
This section is derived from the last sentence of CPA § 801 which purported to give to the City Court of Buffalo the same power as a court of record with respect to punishment for contempt. It was required in § 801 because the City Court of Buffalo was the only court which was not of record in which supplementary proceedings pursuant to § 777 might have been brought. Since CPLR § 5221(a) continues the City Court of Buffalo as one of the courts in which supplementary proceedings may be brought, this section continues the power granted by section 801 to any court specified in CPLR § 5221(a). The provision has been made generally applicable to permit it to encompass any other courts not of record in which supplementary proceedings may be authorized at some future date.
There was some doubt of the validity of this provision, as it might have been an unconstitutional grant of equity power to an inferior court. See Const Art VI, § 18. Indeed, there was doubt as to whether certain inferior courts, even those of record, could be granted power to entertain supplementary proceedings. See notes to CPLR § 5221(a). This section continues the jurisdiction for supplementary proceedings, and to punish for contempt, formerly granted and any constitutional doubts have been resolved by the passage of the amendment. See Sen Int 1650, Pr 4319. Section 11(c) of the new article provides that the county courts “shall exercise such equity jurisdiction as may be provided by law” and § 15(b) contains an identical provision for courts of city-wide jurisdiction. Section 16(d), in turn, provides that district courts shall not have greater jurisdiction than city courts, and § 17(a) provides that town, city and village courts shall not have greater jurisdiction than district courts. It is therefor possible under these provisions for the Legislature to grant equity jurisdiction to each of these inferior courts.
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 of court judgment enforcement New Yorkpunish disobedience restraining noticeCPLR 5210 contempt powerignoring a subpoena judgment enforcement