|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jul 29, 2019||referred to rules|
senate Bill S6639
Current Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6639 (ACTIVE) - Details
S6639 (ACTIVE) - Summary
Provides that where summary judgment is denied to a plaintiff, which denial is thereafter reversed on appeal and granted in favor of such plaintiff, any money judgment entered in favor of the plaintiff thereafter shall bear interest from the date of entry of the prior denial of such motion for summary judgment as if summary judgment had in fact been granted to such plaintiff in the first instance.
S6639 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6639 SPONSOR: HOYLMAN TITLE OF BILL: An act to amend the civil practice law and rules, in relation to interest upon judgment PURPOSE OF THE BILL: To allow for calculation of interest from the original date of entry of denial of summary judgment in cases where such denial is reversed on appeal. SUMMARY OF PROVISIONS: Section one amends the CPLR to require calculation of interest in cases where summary judgment was first denied, then granted on appeal, from the date of entry of the order originally denying summary judgment. Section two is the effective date.
S6639 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6639 2019-2020 Regular Sessions I N S E N A T E July 29, 2019 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the civil practice law and rules, in relation to inter- est upon judgment THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 5003 of the civil practice law and rules is amended to read as follows: § 5003. Interest upon judgment. Every money judgment shall bear interest from the date of its entry; PROVIDED THAT WHERE SUMMARY JUDG- MENT IS DENIED TO A PLAINTIFF, WHICH DENIAL IS THEREAFTER REVERSED ON APPEAL AND GRANTED IN FAVOR OF SUCH PLAINTIFF, ANY MONEY JUDGMENT ENTERED IN FAVOR OF THE PLAINTIFF THEREAFTER SHALL BEAR INTEREST FROM THE DATE OF ENTRY OF THE PRIOR DENIAL OF SUCH MOTION FOR SUMMARY JUDG- MENT AS IF SUMMARY JUDGMENT HAD IN FACT BEEN GRANTED TO SUCH PLAINTIFF IN THE FIRST INSTANCE. Every order directing the payment of money which has been docketed as a judgment shall bear interest from the date of such docketing. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13429-01-9
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