Assembly Bill A3486

2021-2022 Legislative Session

Relates to permitting a plaintiff to recover directly against a third party defendant found to be liable in certain actions

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • 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

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2021-A3486 (ACTIVE) - Details

See Senate Version of this Bill:
S5152
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §1405, CPLR
Versions Introduced in 2021-2022 Legislative Session:
A3486, S5152

2021-A3486 (ACTIVE) - Summary

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

2021-A3486 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3486
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2021
                                ___________
 
 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.
              

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