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Assembly Bill A5516

2009-2010 Legislative Session

Exempts parties liable for failure to obey or enforce domestic violence orders of protection or temporary orders of protection from limited liability provisions

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-A5516 (ACTIVE) - Details

See Senate Version of this Bill:
S4452
Current Committee:
Senate Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง1602, CPLR
Versions Introduced in Other Legislative Sessions:
2011-2012: A2020, A2350, S7202
2013-2014: A1395, A899, S6928
2015-2016: A1031, A260
2017-2018: A734, A1390
2019-2020: A5614

2009-A5516 (ACTIVE) - Summary

Exempts parties liable for failure to obey or enforce certain child protective, domestic relations, or domestic violence orders of protection or temporary orders of protection from limited liability provisions pertaining to non-economic loss and providing for limitation of joint liability.

2009-A5516 (ACTIVE) - Bill Text download pdf 

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

                                  5516

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by  M.  of  A.  JOHN,  GLICK,  PAULIN, PERALTA, ENGLEBRIGHT,
  GABRYSZAK, ROSENTHAL -- Multi-Sponsored by -- M. of  A.  WEINSTEIN  --
  read once and referred to the Committee on Codes

AN ACT to amend the civil practice law and rules, in relation to exempt-
  ing  parties  liable  for failure to obey or enforce certain orders of
  protection or temporary orders of protection in domestic  violence  or
  domestic  relations  matters from the provisions of article sixteen of
  such law, entitled "limited liability of persons jointly liable"

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

  Section 1. Section 1602 of the civil practice law and rules is amended
by adding a new subdivision 14 to read as follows:
  14.  NOT  APPLY  TO  ANY PARTY HELD LIABLE FOR CLAIMS ARISING FROM THE
FAILURE TO OBEY OR ENFORCE (A) AN ORDER OF  PROTECTION  OR  A  TEMPORARY
ORDER  OF  PROTECTION ISSUED OR MODIFIED PURSUANT TO ARTICLE FOUR, FIVE,
SIX, EIGHT, OR TEN OF THE FAMILY COURT ACT, SECTION 530.12 OF THE CRIMI-
NAL PROCEDURE LAW, SECTION TWO HUNDRED FORTY OR TWO HUNDRED FIFTY-TWO OF
THE DOMESTIC RELATIONS LAW, OR (B) AN ORDER OF PROTECTION  OR  TEMPORARY
ORDER OF PROTECTION ISSUED OR MODIFIED BY A COURT OF COMPETENT JURISDIC-
TION IN ANOTHER STATE, TERRITORIAL, OR TRIBAL JURISDICTION.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09231-01-9

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