Bill Text: NY S05033 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Provides that an action on a money judgment shall be commenced within three years and shall be presumed to be paid and satisfied after the expiration of three years from the time when the party recovering the judgment was first entitled to enforce it.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO JUDICIARY [S05033 Detail]

Download: New_York-2023-S05033-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          5033

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 22, 2023
                                       ___________

        Introduced by Sens. BRISPORT, SALAZAR -- read twice and ordered printed,
          and when printed to be committed to the Committee on Judiciary

        AN  ACT  to  amend  the civil practice law and rules, in relation to the
          commencement of an action on a money judgment; and to  repeal  certain
          provisions of such law relating thereto

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision (b) of section 211 of the  civil  practice  law
     2  and rules is REPEALED.
     3    §  2.  The  section heading and subdivisions 6 and 7 of section 214 of
     4  the civil practice law and rules, the section heading and subdivision  7
     5  as  separately  amended  by  chapters  485  and 682 of the laws of 1986,
     6  subdivision 6 as amended by chapter 623 of the laws of 1996, are amended
     7  and a new subdivision 8 is added to read as follows:
     8    Actions to be commenced within three years[: for non-payment of  money
     9  collected on execution; for penalty created by statute; to recover chat-
    10  tel;  for injury to property; for personal injury; for malpractice other
    11  than medical, dental or podiatric malpractice;  to annul a  marriage  on
    12  the ground of fraud].
    13    6.  an  action to recover damages for malpractice, other than medical,
    14  dental or podiatric malpractice, regardless of  whether  the  underlying
    15  theory is based in contract or tort; [and]
    16    7.  an  action  to  annul  a marriage on the ground of fraud; the time
    17  within which the action must be commenced shall  be  computed  from  the
    18  time  the  plaintiff discovered the facts constituting the fraud, but if
    19  the plaintiff is a person  other  than  the  spouse  whose  consent  was
    20  obtained  by  fraud,  the time within which the action must be commenced
    21  shall be computed from the time, if earlier, that that spouse discovered
    22  the facts constituting the fraud[.]; and
    23    8. an action on a money judgment; a money judgment shall  be  presumed
    24  to  be  paid  and satisfied after the expiration of three years from the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07626-01-3
        S. 5033                             2

     1  time when the party recovering  such  judgment  was  first  entitled  to
     2  enforce  it.  This presumption is conclusive and may be availed of under
     3  an allegation that the action was not commenced within the time limited.
     4    § 3. This act shall take effect immediately.