assembly Bill A9031

2017-2018 Legislative Session

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

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Archive: Last Bill Status - On Floor Calendar


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 19, 2018 advanced to third reading cal.757
Apr 17, 2018 reported
Feb 28, 2018 reported referred to codes
Jan 12, 2018 referred to judiciary

A9031 (ACTIVE) - Details

Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §1405, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A2576
2011-2012: A630
2013-2014: A1002
2015-2016: A251
2019-2020: A2373
2021-2022: A3486

A9031 (ACTIVE) - Summary

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

A9031 (ACTIVE) - Bill Text download pdf


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

                                  9031

                          I N  A S S E M B L Y

                            January 12, 2018
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee 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:
  § 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets