senate Bill S6836

Provides an attorney's lien maintains superiority over a right of set-off where the set-off is unrelated to the judgment or settlement to which the lien attached

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 28 / Mar / 2012
    • REFERRED TO JUDICIARY
  • 13 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 13 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1226
  • 13 / Jun / 2012
    • PASSED SENATE
  • 13 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2012
    • REFERRED TO JUDICIARY

Summary

Provides that an attorney's lien maintains superiority over a right of set-off where the set-off is unrelated to the judgment or settlement to which the attorney's lien attached.

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Bill Details

Versions:
S6836
Legislative Cycle:
2011-2012
Current Committee:
Assembly Judiciary
Law Section:
Judiciary Law
Laws Affected:
Amd ยง475, Judy L

Sponsor Memo

BILL NUMBER:S6836

TITLE OF BILL:
An act
to amend the
judiciary law, in relation to set-off against attorney's fees

PURPOSE:
To provide that an attorney lien maintain superiority over a right of
set-off where the setoff is unrelated to the judgment or settlement
to which the lien is attached.

SUMMARY OF PROVISIONS:
Section One - Section 1 -- Amends section 475 of the judiciary law to
provide that an attorney's lien maintains superiority over a right of
set-off where the set-off is unrelated to the judgment or settlement
to which the attorney's lien attached and the attorney's services
created the fund that any right of set-off is claimed against.

Section Two - Establishes the effective date.

JUSTIFICATION:
This legislation would ensure that an attorney lien is satisfied prior
to a right of set-off where the set-off is unrelated to the judgment
or settlement to which the attorney's lien is attached, since without
the attorneys efforts, there would have been no fund created and no
lien paid.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6836

                            I N  S E N A T E

                             March 28, 2012
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Judiciary

AN ACT to amend the judiciary law, in relation to set-off against attor-
  ney's fees

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Section 475 of the judiciary law, as amended by chapter
105 of the laws of 1946, is amended to read as follows:
  S 475. Attorney's lien in action, special or other proceeding.    From
the  commencement of an action, special or other proceeding in any court
or before any state, municipal or federal department, except  a  depart-
ment  of  labor,  or the service of an answer containing a counterclaim,
the attorney who appears for a party has a lien upon his client's  cause
of  action,  claim or counterclaim, which attaches to a verdict, report,
determination, decision, judgment or final order in his client's  favor,
and  the  proceeds thereof in whatever hands they may come; and the lien
cannot be affected by any settlement between the parties before or after
judgment, final order or determination; AND AN ATTORNEY'S LIEN MAINTAINS
SUPERIORITY OVER A RIGHT OF SET-OFF WHERE THE SET-OFF  IS  UNRELATED  TO
THE JUDGMENT OR SETTLEMENT TO WHICH THE ATTORNEY'S LIEN ATTACHED AND THE
ATTORNEY'S  SERVICES  CREATED  THE  FUND  THAT  ANY  RIGHT OF SET-OFF IS
CLAIMED AGAINST.  The court upon the petition of the client or  attorney
may determine and enforce the lien.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15136-01-2

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