senate Bill S412A

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

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Judiciary 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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 11, 2018 print number 412a
Apr 11, 2018 amend and recommit to judiciary
Jan 03, 2018 referred to judiciary
Jan 04, 2017 referred to judiciary

S412 - Details

Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §1405, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: S2392
2011-2012: S3761
2013-2014: S555
2015-2016: S563
2019-2020: S6552

S412 - Summary

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

S412 - Sponsor Memo

S412 - Bill Text download pdf


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

                                   412

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2017
                               ___________

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:
  §  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

S412A (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §1405, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: S2392
2011-2012: S3761
2013-2014: S555
2015-2016: S563
2019-2020: S6552

S412A (ACTIVE) - Summary

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

S412A (ACTIVE) - Sponsor Memo

S412A (ACTIVE) - Bill Text download pdf


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

                                 412--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2017
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Judiciary  --  recom-
  mitted to the Committee on Judiciary in accordance with Senate Rule 6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted 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:
  §  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-

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

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