Palazzo v. Hyde

On January 8, 1955, plaintiff Cosmo Palazzo recovered a judgment against defendant Eugene Hyde, which judgment was docketed on January 24, 1955. On October 26,1974, the plaintiff died.

This action was commenced by the defendant for an order declaring the judgment invalid because more than 20 years have passed since its entry under CPLR 211 (subd [b]).

CPLR 211 (subd [b]) reads in part: "A money judgment is presumed to be paid and satisfied after the expiration of twenty years from the time the party recovering it was first entitled to enforce it. This presumption is conclusive, except as…