Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 08, 2014 |
referred to judiciary |
Jun 10, 2013 |
referred to judiciary |
Senate Bill S5734
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
2013-S5734 (ACTIVE) - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §§5222, 5223, 5225, 5227 & 5232, R5224, CPLR L
2013-S5734 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5734 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to clarifying the geographic scope of restraining notices, subpoenas, turnover orders or judgments, and levies on property by service of execution or similar legal process PURPOSE: To amend the Civil Practice Law and Rules in order to clarify the geographic scope of restraining notices, turnover orders or judgments, subpoenas, and levies on property by service of execution or similar legal process in light of the Court of Appeals' decisions in Koehler v. Bank of Bermuda, Northern Mariana Islands v Canadian Imperial Bank of Commerce, and other cases. SUMMARY OF PROVISIONS: The bill would amend sections 5222, 5223, 5224(a-1), 5225, 5227, and 5232(a) of the Civil Practice Law and Rules (CPLR). Section 1 would amend § 5222 of the CPLR to provide that a restraining notice that seeks to restrain property held or debts payable outside of the United States shall have no effect except when it is served on the judgment debtor or obligor, and operates only on the judgment debtor or obligor. Section 2 would amend § 5223 of the CPLR to provide that no recipient of a subpoena shall be compelled to disclose a matter that is
2013-S5734 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5734 2013-2014 Regular Sessions I N S E N A T E June 10, 2013 ___________ Introduced by Sen. FARLEY -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to clari- fying the geographic scope of restraining notices, subpoenas, turnover orders or judgments, and levies on property by service of execution or similar legal process THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 5222 of the civil practice law and rules is amended by adding a new subdivision (c-1) to read as follows: (C-1) PROPERTY HELD OR DEBTS OR AMOUNTS PAYABLE OUTSIDE THE UNITED STATES. A RESTRAINING NOTICE THAT SEEKS TO RESTRAIN ANY PROPERTY HELD OR DEBT OR AMOUNT PAYABLE OUTSIDE THE UNITED STATES SHALL HAVE NO EFFECT EXCEPT TO THE EXTENT SUCH RESTRAINING NOTICE IS SERVED UPON THE JUDGMENT DEBTOR OR OBLIGOR AND OPERATES ONLY ON THE JUDGMENT DEBTOR OR OBLIGOR. S 2. Section 5223 of the civil practice law and rules, as added by chapter 315 of the laws of 1962, is amended to read as follows: S 5223. Disclosure REQUIRED. (A) At any time before a judgment is satisfied or vacated, the judgment creditor may compel disclosure of all matter relevant to the satisfaction of the judgment, SUBJECT TO SUBDIVI- SION (B) OF THIS SECTION, by serving upon any person a subpoena, which shall specify all of the parties to the action, the date of the judg- ment, the court in which it was entered, the amount of the judgment and the amount then due thereon, and shall state that false swearing or failure to comply with the subpoena is punishable as a contempt of court. (B) CONFLICTS WITH FOREIGN LAWS. NO RECIPIENT OF A SUBPOENA AUTHORIZED BY THIS ARTICLE SHALL BE COMPELLED TO DISCLOSE ANY MATTER PROTECTED FROM DISCLOSURE BY THE LAW OF A SOVEREIGN OUTSIDE THE UNITED STATES. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11383-01-3 S. 5734 2
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