Cal. Civ. Code § 747
Judgment
Operative Text
§ 747. Judgment. 1. The court shall direct that a final judgment be entered determining the rights of the parties. The judgment shall award to the successful party the costs of the special proceeding. 2. The judgment shall not bar an action to recover the possession of real property. The judgment shall not bar an action, proceeding or counterclaim, commenced or interposed within sixty days of entry of the judgment, for affirmative equitable relief which was not sought by counterclaim in the proceeding because of the limited jurisdiction of the court. 3. If the proceeding is founded upon an allegation of forcible entry or forcible holding out the court may award to the successful party a fixed sum as costs, not exceeding fifty dollars, in addition to his disbursements. 4. The judgment, including such money as it may award for rent or otherwise, may be docketed in such books as the court maintains for recording the steps in a summary proceeding; unless a rule of the court, or the court by order in a given case, otherwise provides, such judgment need not be recorded or docketed in the books, if separately maintained, in which are docketed money judgments in an action.
Under N.Y. Real Prop. Acts & Proc. Law § 747, once a summary proceeding concludes, the court must enter a final judgment that resolves the parties' rights and awards costs to the winning side. Importantly, this judgment does not permanently foreclose either party from pursuing a separate lawsuit to recover possession of the property, nor does it block a related claim for equitable relief if that claim is filed within sixty days of the judgment's entry. The judgment, including any money awarded for rent or other amounts, is recorded in the court's summary-proceeding docket and does not automatically need to appear in the court's separate money-judgment records unless the court orders otherwise.
Plain English — not legal advice.
Property owners and managers involved in summary proceedings governed by N.Y. Real Prop. Acts & Proc. Law § 747 generally keep track of the judgment entry date, since the sixty-day window for related equitable claims begins running at that point. A compliant operator typically ensures that any money judgment for unpaid rent or other amounts is properly docketed in the court's summary-proceeding records. Operators also recognize that prevailing in a summary proceeding does not necessarily resolve all possible claims, as the other party retains the right to bring a separate possession action.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.Y. Real Prop. Acts & Proc. Law § 747, tenants should be aware that a judgment entered against them in a summary proceeding does not automatically extinguish every legal avenue available to them. A tenant who believes equitable relief was unavailable as a counterclaim due to the court's limited jurisdiction may have up to sixty days from the judgment's entry to pursue that relief in a separate action or proceeding. Tenants seeking to understand their options after a judgment is entered can consult a tenant-rights organization or legal aid office familiar with New York housing law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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