Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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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 |
Senate Bill S6836
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Assembly 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
2011-S6836 (ACTIVE) - Details
2011-S6836 (ACTIVE) - Sponsor Memo
BILL NUMBER:S6836 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
2011-S6836 (ACTIVE) - 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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