senate Bill S6639

2019-2020 Legislative Session

Relates to interest upon judgment

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules 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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 29, 2019 referred to rules

S6639 (ACTIVE) - Details

See Assembly Version of this Bill:
A8452
Current Committee:
Senate Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5003, CPLR

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

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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