Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Dec 18, 2017 |
signed chap.487 |
Dec 06, 2017 |
delivered to governor |
Jun 20, 2017 |
returned to senate passed assembly |
Jun 19, 2017 |
ordered to third reading rules cal.418 substituted for a8098 |
Jun 14, 2017 |
referred to codes delivered to assembly passed senate ordered to third reading cal.1638 |
Jun 06, 2017 |
reported and committed to rules |
Mar 09, 2017 |
referred to consumer protection |
Senate Bill S5152
Signed By Governor2017-2018 Legislative Session
Sponsored By
(D, IP) Senate District
Archive: Last Bill Status - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
co-Sponsors
(D) Senate District
2017-S5152 (ACTIVE) - Details
2017-S5152 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5152 TITLE OF BILL : An act to amend the personal property law, in relation to loan assignees PURPOSE: This bill slightly increases liability on loan assignees in automobile financing transactions by providing that plaintiffs who prevail in cases against assignees in automobile transactions may be entitled to attorney's fees exclusive of caps on assignee liability, at the court's discretion. SUMMARY OF PROVISIONS: Section 1: Amends Subdivision 9 of section 302 of the personal property law to specify that attorney's fees are exclusive of any cap on suits against loan assignees, and authorizes courts to award attorney's fees in these cases to prevailing plaintiffs. Section 2: This act shall take effect on the first of January next succeeding the date on which it shall have become a law. EXISTING LAW: Under current law, assignees generally have their liability capped to
2017-S5152 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5152 2017-2018 Regular Sessions I N S E N A T E March 9, 2017 ___________ Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the personal property law, in relation to loan assignees THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 9 of section 302 of the personal property law, as amended by chapter 643 of the laws of 1978, is amended to read as follows: 9. (A) No retail instalment contract shall contain any provision by which the buyer agrees not to assert against an assignee a claim or defense arising out of the sale or require or entail the execution of any note or series of notes, which when separately negotiated will cut off as to third parties any right of action or defense which the buyer may have against the seller. The assignee of a retail installment contract or obligation shall be subject to all claims and defenses of the buyer against the seller arising from the sale notwithstanding any agreement to the contrary, but the assignee's liability under this subdivision shall not exceed the amount owing to the assignee at the time the claim or defense is asserted against the assignee. (B) LIMITATIONS ON ASSIGNEE LIABILITY REFERRED TO IN PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE EXCLUSIVE OF ANY REASONABLE COSTS AND ATTOR- NEY'S FEES THE COURT MAY AWARD. § 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03767-01-7
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