Bill Text: NY S00555 | 2013-2014 | General Assembly | Amended

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-06-20 - COMMITTED TO RULES [S00555 Detail]

Download: New_York-2013-S00555-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        555--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
         when printed to be committed to the Committee on Judiciary --  commit-
         tee  discharged, bill amended, ordered reprinted as amended and recom-
         mitted to said committee
       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:
    1    Section 1. The civil practice law and rules is amended by adding a new
    2  section 1405 to read as follows:
    3    S  1405. PERMITTING PLAINTIFF, AS JUDGMENT CREDITOR AGAINST DEFENDANT,
    4  TO RECOVER AND COLLECT  UNSATISFIED  JUDGMENT  OR  PORTION  OF  JUDGMENT
    5  AGAINST THIRD-PARTY DEFENDANT OR CO-DEFENDANT LIABLE FOR CONTRIBUTION OR
    6  INDEMNIFICATION.  (A) WHERE A PLAINTIFF HAS ENTERED A JUDGMENT AGAINST A
    7  DEFENDANT AND THE JUDGMENT REMAINS UNSATISFIED THIRTY DAYS AFTER IT  HAS
    8  BEEN  SERVED  ON  THE  DEFENDANT-JUDGMENT DEBTOR, AND WHERE JUDGMENT HAS
    9  BEEN ENTERED IN FAVOR OF THE DEFENDANT-JUDGMENT DEBTOR AGAINST A  CO-DE-
   10  FENDANT  OR  THIRD-PARTY DEFENDANT ON A CAUSE OF ACTION FOR CONTRIBUTION
   11  OR FOR CONTRACTUAL OR COMMON LAW INDEMNIFICATION, THE PLAINTIFF-JUDGMENT
   12  CREDITOR MAY COLLECT ANY UNSATISFIED AMOUNT OF THE PLAINTIFF'S  JUDGMENT
   13  AGAINST  THE DEFENDANT FROM THE CO-DEFENDANT OR THIRD-PARTY DEFENDANT UP
   14  TO THE AMOUNT AWARDED ON THE CAUSE OF ACTION FOR CONTRIBUTION OR  INDEM-
   15  NIFICATION.
   16    (B)  WHERE  THE  PLAINTIFF'S  JUDGMENT REMAINS UNSATISFIED THIRTY DAYS
   17  AFTER IT HAS BEEN SERVED ON THE DEFENDANT-JUDGMENT DEBTOR, AND WHERE THE
   18  DEFENDANT-JUDGMENT DEBTOR HAS A CAUSE OF ACTION FOR CONTRIBUTION OR  FOR
   19  CONTRACTUAL  OR COMMON LAW INDEMNIFICATION WHICH HAS NOT BEEN REDUCED TO
   20  JUDGMENT, THE PLAINTIFF-JUDGMENT CREDITOR MAY ATTACH, OR TAKE AN ASSIGN-
   21  MENT FROM THE DEFENDANT-JUDGMENT DEBTOR OF,  THE  CAUSE  OF  ACTION  FOR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03702-02-3
       S. 555--A                           2
    1  CONTRIBUTION  OR  INDEMNIFICATION,  AND PROSECUTE THE CAUSE OF ACTION IN
    2  THE PLAINTIFF'S OWN NAME  OR  IN  THE  NAME  OF  THE  DEFENDANT-JUDGMENT
    3  DEBTOR,  AND  RECOVER A JUDGMENT THEREIN FOR THE SAME AMOUNT OF CONTRIB-
    4  UTION  OR  INDEMNIFICATION AS WOULD BE AWARDED TO THE DEFENDANT-JUDGMENT
    5  DEBTOR  IF  THE  DEFENDANT-JUDGMENT  DEBTOR  HAD  SATISFIED  PLAINTIFF'S
    6  ORIGINAL JUDGMENT IN FULL. SUCH REMEDY IS IN ADDITION TO ANY OTHER MEANS
    7  AVAILABLE  TO THE PLAINTIFF-JUDGMENT DEBTOR FOR ENFORCEMENT OF THE JUDG-
    8  MENT. THIS SECTION SHALL NOT AUTHORIZE DIRECT RECOVERY AGAINST A  THIRD-
    9  PARTY  DEFENDANT  IN  THOSE CIRCUMSTANCES IN WHICH THE THIRD-PARTY CLAIM
   10  AGAINST THAT  THIRD-PARTY  DEFENDANT  WOULD  HAVE  BEEN  BARRED  BY  THE
   11  PROVISIONS  OF SECTION ELEVEN OF THE WORKERS' COMPENSATION LAW, AND DOES
   12  NOT OTHERWISE PERMIT A PLAINTIFF TO BRING A CAUSE OF  ACTION  AGAINST  A
   13  THIRD  PARTY IF SUCH THIRD PARTY WAS THE PLANTIFF'S EMPLOYER AT THE TIME
   14  OF THE INCIDENT OR INJURY.
   15    S 2. This act shall take effect immediately, and shall  apply  to  all
   16  judgments entered by plaintiffs on or after such date.