Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to judiciary returned to senate died in assembly |
May 30, 2013 |
referred to judiciary delivered to assembly passed senate |
May 29, 2013 |
ordered to third reading cal.809 committee discharged and committed to rules |
Jan 29, 2013 |
referred to judiciary |
Senate Bill S3037
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2013-S3037 (ACTIVE) - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- Judiciary Law
- Laws Affected:
- Amd ยง475, Judy L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S6836
2015-2016: S36
2013-S3037 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3037 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: S.6836 of 2011-2012
2013-S3037 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3037 2013-2014 Regular Sessions I N S E N A T E January 29, 2013 ___________ 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 478 of the laws of 2012, 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, or the initiation of any means of alternative dispute resolution including, but not limited to, mediation or arbitration, or the provision of services in a settlement negotiation at any stage of the dispute, the attorney who appears for a party has a lien upon his or her client's cause of action, claim or counterclaim, which attaches to a verdict, report, determination, decision, award, settlement, judgment or final order in his or her 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 determi- nation; 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. LBD07809-01-3
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