Assembly Bill A1002A

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

                                 1002--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M. of A. WEINSTEIN, ORTIZ -- Multi-Sponsored by -- M. of
  A. BRENNAN, CLARK, DINOWITZ, GALEF, GOTTFRIED, MILLMAN  --  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 permit-
  ting a plaintiff to recover against a third party defendant in certain
  cases

  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 1405 to read as follows:
  S 1405. PERMITTING PLAINTIFF, AS JUDGMENT CREDITOR AGAINST  DEFENDANT,
TO  RECOVER  AND  COLLECT  UNSATISFIED  JUDGMENT  OR PORTION OF JUDGMENT
AGAINST THIRD-PARTY DEFENDANT OR CO-DEFENDANT LIABLE FOR CONTRIBUTION OR
INDEMNIFICATION. (A) WHERE A PLAINTIFF HAS ENTERED A JUDGMENT AGAINST  A
DEFENDANT  AND THE JUDGMENT REMAINS UNSATISFIED THIRTY DAYS AFTER IT HAS
BEEN SERVED ON THE DEFENDANT-JUDGMENT DEBTOR,  AND  WHERE  JUDGMENT  HAS
BEEN  ENTERED IN FAVOR OF THE DEFENDANT-JUDGMENT DEBTOR AGAINST A CO-DE-
FENDANT OR THIRD-PARTY DEFENDANT ON A CAUSE OF ACTION  FOR  CONTRIBUTION
OR FOR CONTRACTUAL OR COMMON LAW INDEMNIFICATION, THE PLAINTIFF-JUDGMENT
CREDITOR  MAY COLLECT ANY UNSATISFIED AMOUNT OF THE PLAINTIFF'S JUDGMENT
AGAINST THE DEFENDANT FROM THE CO-DEFENDANT OR THIRD-PARTY DEFENDANT  UP
TO  THE AMOUNT AWARDED ON THE CAUSE OF ACTION FOR CONTRIBUTION OR INDEM-
NIFICATION.
  (B) WHERE THE PLAINTIFF'S JUDGMENT  REMAINS  UNSATISFIED  THIRTY  DAYS
AFTER IT HAS BEEN SERVED ON THE DEFENDANT-JUDGMENT DEBTOR, AND WHERE THE
DEFENDANT-JUDGMENT  DEBTOR HAS A CAUSE OF ACTION FOR CONTRIBUTION OR FOR
CONTRACTUAL OR COMMON LAW INDEMNIFICATION WHICH HAS NOT BEEN REDUCED  TO
JUDGMENT, THE PLAINTIFF-JUDGMENT CREDITOR MAY ATTACH, OR TAKE AN ASSIGN-

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

                                                           LBD03702-03-3

A. 1002--A                          2

MENT  FROM  THE  DEFENDANT-JUDGMENT  DEBTOR  OF, THE CAUSE OF ACTION FOR
CONTRIBUTION OR INDEMNIFICATION, AND PROSECUTE THE CAUSE  OF  ACTION  IN
THE  PLAINTIFF'S  OWN  NAME  OR  IN  THE  NAME OF THE DEFENDANT-JUDGMENT
DEBTOR,  AND  RECOVER A JUDGMENT THEREIN FOR THE SAME AMOUNT OF CONTRIB-
UTION OR INDEMNIFICATION AS WOULD BE AWARDED TO  THE  DEFENDANT-JUDGMENT
DEBTOR  IF  THE  DEFENDANT-JUDGMENT  DEBTOR  HAD  SATISFIED  PLAINTIFF'S
ORIGINAL JUDGMENT IN FULL. SUCH REMEDY IS IN ADDITION TO ANY OTHER MEANS
AVAILABLE TO THE PLAINTIFF-JUDGMENT DEBTOR FOR ENFORCEMENT OF THE  JUDG-
MENT.  THIS SECTION SHALL NOT AUTHORIZE DIRECT RECOVERY AGAINST A THIRD-
PARTY DEFENDANT IN THOSE CIRCUMSTANCES IN WHICH  THE  THIRD-PARTY  CLAIM
AGAINST  THAT  THIRD-PARTY  DEFENDANT  WOULD  HAVE  BEEN  BARRED  BY THE
PROVISIONS OF SECTION ELEVEN OF THE WORKERS' COMPENSATION LAW, AND  DOES
NOT  OTHERWISE  PERMIT  A PLAINTIFF TO BRING A CAUSE OF ACTION AGAINST A
THIRD PARTY IF SUCH THIRD PARTY WAS THE PLANTIFF'S EMPLOYER AT THE  TIME
OF THE INCIDENT OR INJURY.
  S  2.  This  act shall take effect immediately, and shall apply to all
judgments entered by plaintiffs on or after such date.