senate Bill S6836

2011-2012 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 13, 2012 referred to judiciary
delivered to assembly
passed senate
ordered to third reading cal.1226
committee discharged and committed to rules
Mar 28, 2012 referred to judiciary

S6836 - Details

Law Section:
Judiciary Law
Laws Affected:
Amd ยง475, Judy L

S6836 - 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.

S6836 - Sponsor Memo

S6836 - Bill Text download pdf

                    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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