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Assembly Bill A9953A

2011-2012 Legislative Session

Relates to the effect of the entry of judgment on certain rights attendant to a cause of action

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

multi-Sponsors

2011-A9953 - Details

See Senate Version of this Bill:
S6949
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §5011-a, CPLR

2011-A9953 - Summary

Provides that no right, benefit, or advantage that attends a cause of action shall be lost when the cause of action is successfully reduced to a judgment, but shall be deemed to append to the judgment.

2011-A9953 - Bill Text download pdf

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

                                  9953

                          I N  A S S E M B L Y

                             April 26, 2012
                               ___________

Introduced  by M. of A. SIMOTAS -- Multi-Sponsored by -- M. of A. BRAUN-
  STEIN, JAFFEE, LINARES, MENG, REILLY, P. RIVERA,  ROSENTHAL,  SCHIMEL,
  WEPRIN -- read once and referred to the Committee on Judiciary

AN  ACT  to  amend  the civil practice law and rules, in relation to the
  effect of the entry of judgment on certain rights attendant to a cause
  of action

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

  Section 1. The civil practice law and rules is amended by adding a new
section 5011-a to read as follows:
  S  5011-A.  MERGER DOCTRINE CLARIFIED. NO RIGHT, BENEFIT, OR ADVANTAGE
THAT ATTENDS A CAUSE OF ACTION SHALL BE LOST WHEN THE CAUSE OF ACTION IS
SUCCESSFULLY REDUCED TO A JUDGMENT, BUT SHALL BE DEEMED TO APPEND TO THE
JUDGMENT AS WELL.
  S 2. This act shall take effect immediately and  shall  apply  to  all
judgments  that  are  rendered  after  the date of enactment or that are
unsatisfied as of the date of enactment.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15406-01-2


              

multi-Sponsors

2011-A9953A (ACTIVE) - Details

See Senate Version of this Bill:
S6949
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §5011-a, CPLR

2011-A9953A (ACTIVE) - Summary

Provides that no right, benefit, or advantage that attends a cause of action shall be lost when the cause of action is successfully reduced to a judgment, but shall be deemed to append to the judgment.

2011-A9953A (ACTIVE) - Bill Text download pdf

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

                                 9953--A

                          I N  A S S E M B L Y

                             April 26, 2012
                               ___________

Introduced  by M. of A. SIMOTAS -- Multi-Sponsored by -- M. of A. BRAUN-
  STEIN, JAFFEE, LINARES, MENG, REILLY, P. RIVERA,  ROSENTHAL,  SCHIMEL,
  WEPRIN  --  read  once  and  referred to the Committee on Judiciary --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the civil practice law and rules, in relation to the
  effect of the entry of judgment on certain rights attendant to a cause
  of action

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

  Section 1. The civil practice law and rules is amended by adding a new
section 5011-a to read as follows:
  S  5011-A.  MERGER  DOCTRINE CLARIFIED. NO RIGHT, BENEFIT OR ADVANTAGE
THAT ATTENDS A CAUSE OF ACTION SHALL BE LOST WHEN THE CAUSE OF ACTION IS
SUCCESSFULLY REDUCED TO A JUDGMENT, BUT SHALL BE DEEMED TO APPEND TO THE
JUDGMENT AS WELL.
  S 2. This act shall take effect immediately and  shall  apply  to  all
judgments that are rendered after such effective date or that are unsat-
isfied as of such date.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15406-02-2


              

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