The right of a judgment creditor to proceed by an action on the judgment or a motion for summary judgment in lieu of complaint, instead of proceeding under this article, remains unimpaired.
§ 5406.Optional procedure.
Article 54. Enforcement of Judgments Entitled to Full Faith and Credit Summary of Article · Last amended 1970 · Last verified July 21, 2026
In one sentenceCPLR 5406 preserves a judgment creditor's right to sue directly on a foreign judgment, or move for summary judgment in lieu of complaint, instead of using Article 54's filing procedure to enforce it.
Full Text of CPLR 5406
Plain-English Summary
Article 54 gives creditors a faster path for enforcing a sister-state judgment, but it was never meant to be the only path. CPLR 5406 keeps the older route open: a judgment creditor can still bring an action on the foreign judgment itself, treating it as the basis for a new New York lawsuit, or move for summary judgment in lieu of complaint under CPLR 3213, instead of filing the judgment under CPLR 5402.
That choice matters in practice. A creditor holding a judgment that doesn't meet CPLR 5401's definition of a foreign judgment, one entered by default or confession, for example, can't use Article 54's filing procedure at all, but can still sue on the judgment directly. Even a creditor whose judgment does qualify might prefer the traditional route in a case where filing under Article 54 would draw a stay motion or other complication that an ordinary action, or a CPLR 3213 motion, would sidestep.
Frequently Asked Questions
Do I have to use CPLR 5402 to enforce an out-of-state judgment, or can I sue on it instead?
You have a choice. CPLR 5406 preserves the creditor's right to bring an action directly on the foreign judgment, or move for summary judgment in lieu of complaint, instead of filing it under Article 54's procedure.
Why would a creditor choose to sue on the judgment instead of filing it under Article 54?
A judgment that doesn't meet CPLR 5401's definition of a foreign judgment, such as one entered by default or confession, can't be filed under Article 54 at all, so suing directly is the only option. Even a qualifying judgment might be enforced this way if the creditor expects the filing route to draw complications the traditional action would avoid.
What is summary judgment in lieu of complaint on a foreign judgment?
It's the CPLR 3213 procedure that lets a creditor move for judgment based on an instrument for the payment of money only, without filing a full complaint first; CPLR 5406 confirms that this option remains available for enforcing a foreign judgment alongside Article 54's filing procedure.
Does using Article 54's filing procedure give up the right to sue on the judgment instead?
No. CPLR 5406 states that the creditor's right to bring an action on the judgment, or move for summary judgment in lieu of complaint, remains unimpaired, so choosing one enforcement path doesn't forfeit the other.
What does 'remains unimpaired' mean in CPLR 5406?
It means Article 54's streamlined filing procedure doesn't cut off or diminish the older method of enforcing a foreign judgment, suing on it directly or moving for summary judgment in lieu of complaint; both routes stay fully available to the creditor.
Amendment History
Add, L 1970, ch 982, § 1, eff Sept 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: sue on a foreign judgment in New Yorksummary judgment in lieu of complaint sister state judgmentalternative to domesticating a judgment in New York