Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Dec 26, 2019 | vetoed memo.287 |
Dec 20, 2019 | delivered to governor |
Jun 20, 2019 | returned to senate passed assembly ordered to third reading rules cal.638 substituted for a2373 |
Jun 20, 2019 | substituted by s6552 rules report cal.638 reported |
Jun 19, 2019 | reported referred to rules reference changed to codes |
Jan 22, 2019 | referred to judiciary |
assembly Bill A2373
Vetoed By GovernorSponsored By
DINOWITZ
Archive: Last Bill Status Via S6552 - Vetoed by Governor
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Vetoed by Governor
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A2373 (ACTIVE) - Details
- See Senate Version of this Bill:
- S6552
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Add §1405, CPLR
- Versions Introduced in Other Legislative Sessions:
-
2009-2010: A2576, S2392
2011-2012: A630, S3761
2013-2014: A1002, S555
2015-2016: A251, S563
2017-2018: A1500, A9031, S412
2021-2022: A3486, S5152
2023-2024: A2127, S5188
A2373 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2373 2019-2020 Regular Sessions I N A S S E M B L Y January 22, 2019 ___________ 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- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.