senate Bill S3037

2013-2014 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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to judiciary
returned to senate
died in assembly
May 30, 2013 referred to judiciary
delivered to assembly
passed senate
May 29, 2013 ordered to third reading cal.809
committee discharged and committed to rules
Jan 29, 2013 referred to judiciary

Votes

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S3037 - Bill Details

Current Committee:
Senate Judiciary
Law Section:
Judiciary Law
Laws Affected:
Amd ยง475, Judy L
Versions Introduced in 2011-2012 Legislative Session:
S6836

S3037 - Bill Texts

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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.

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BILL NUMBER:S3037

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 lien paid.

LEGISLATIVE HISTORY: S.6836 of 2011-2012

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  3037

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 29, 2013
                               ___________

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
478 of the laws of 2012, 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, or
the initiation of any means of alternative dispute resolution including,
but  not  limited  to,  mediation  or  arbitration,  or the provision of
services in a settlement negotiation at any stage of  the  dispute,  the
attorney  who  appears  for  a party has a lien upon his or her client's
cause of action, claim or counterclaim, which  attaches  to  a  verdict,
report,  determination,  decision,  award, settlement, judgment or final
order in his or her 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 determi-
nation; 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.
                                                           LBD07809-01-3

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