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Senate Bill S36

2015-2016 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 Senate Committee Judiciary Committee

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2015-S36 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Judiciary Law
Laws Affected:
Amd ยง475, Judy L
Versions Introduced in Other Legislative Sessions:
2011-2012: S6836
2013-2014: S3037

2015-S36 (ACTIVE) - Summary

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.

2015-S36 (ACTIVE) - Sponsor Memo

2015-S36 (ACTIVE) - Bill Text download pdf 

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

                                   36

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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.
                                                           LBD01118-01-5

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