assembly Bill A251

2015-2016 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 Assembly 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 (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 06, 2016 reported referred to rules
May 24, 2016 reported referred to codes
Jan 06, 2016 referred to judiciary
May 21, 2015 advanced to third reading cal.394
May 19, 2015 reported
May 12, 2015 reported referred to codes
Jan 07, 2015 referred to judiciary

Co-Sponsors

Multi-Sponsors

A251 (ACTIVE) - Details

See Senate Version of this Bill:
S563
Current Committee:
Assembly Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add ยง1405, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A2576, S2392
2011-2012: A630, S3761
2013-2014: A1002, S555
2017-2018: A1500, A9031, S412
2019-2020: A2373, S6552
2021-2022: A3486, S5152

A251 (ACTIVE) - Summary

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

A251 (ACTIVE) - Bill Text download pdf

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

                                   251

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M. of A. WEINSTEIN, ORTIZ -- Multi-Sponsored by -- M. of
  A. BRENNAN, DINOWITZ, GALEF, GOTTFRIED -- read once  and  referred  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

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