senate Bill S555A

2013-2014 Legislative Session

Permits a plaintiff to recover directly against a third party defendant found to be liable to the defendant in certain actions

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


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

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
May 19, 2014 advanced to third reading
May 14, 2014 2nd report cal.
May 13, 2014 1st report cal.663
Jan 08, 2014 referred to judiciary
Jun 17, 2013 print number 555a
Jun 17, 2013 amend and recommit to judiciary
Jan 09, 2013 referred to judiciary

Votes

view votes

May 13, 2014 - Judiciary committee Vote

S555A
12
2
committee
12
Aye
2
Nay
8
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Judiciary committee vote details

S555 - Details

See Assembly Version of this Bill:
A1002
Current Committee:
Senate Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §1405, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: S2392, A2576
2011-2012: S3761, A630
2015-2016: S563, A251
2017-2018: S412, A1500, A9031
2019-2020: S6552, A2373
2021-2022: S5152, A3486

S555 - Summary

Permits a plaintiff to recover directly against a third party defendant found to be liable to the defendant in certain actions.

S555 - Sponsor Memo

S555 - Bill Text download pdf

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

                                   555

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 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 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-
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

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

S555A (ACTIVE) - Details

See Assembly Version of this Bill:
A1002
Current Committee:
Senate Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §1405, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: S2392, A2576
2011-2012: S3761, A630
2015-2016: S563, A251
2017-2018: S412, A1500, A9031
2019-2020: S6552, A2373
2021-2022: S5152, A3486

S555A (ACTIVE) - Summary

Permits a plaintiff to recover directly against a third party defendant found to be liable to the defendant in certain actions.

S555A (ACTIVE) - Sponsor Memo

S555A (ACTIVE) - Bill Text download pdf

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

                                 555--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Judiciary --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted 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-
MENT FROM THE DEFENDANT-JUDGMENT DEBTOR OF,  THE  CAUSE  OF  ACTION  FOR

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

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