Bill Text: NY S06836 | 2011-2012 | General Assembly | Introduced

New York Senate Bill 6836 (Prior Session Legislation)

Introduced

Bill Title: Provides that an attorney's lien maintains superiority over a right of set-off where the set-off is unrelated to the judgment or settlement to which the attorney's lien attached.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2012-06-13 - referred to judiciary [S06836 Detail]

Download: New_York-2011-S06836-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6836
                                   I N  S E N A T E
                                    March 28, 2012
                                      ___________
       Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
         when printed to be committed to the Committee on Judiciary
       AN ACT to amend the judiciary law, in relation to set-off against attor-
         ney's fees
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.    Section 475 of the judiciary law, as amended by chapter
    2  105 of the laws of 1946, is amended to read as follows:
    3    S 475. Attorney's lien in action, special or other proceeding.    From
    4  the  commencement of an action, special or other proceeding in any court
    5  or before any state, municipal or federal department, except  a  depart-
    6  ment  of  labor,  or the service of an answer containing a counterclaim,
    7  the attorney who appears for a party has a lien upon his client's  cause
    8  of  action,  claim or counterclaim, which attaches to a verdict, report,
    9  determination, decision, judgment or final order in his client's  favor,
   10  and  the  proceeds thereof in whatever hands they may come; and the lien
   11  cannot be affected by any settlement between the parties before or after
   12  judgment, final order or determination; AND AN ATTORNEY'S LIEN MAINTAINS
   13  SUPERIORITY OVER A RIGHT OF SET-OFF WHERE THE SET-OFF  IS  UNRELATED  TO
   14  THE JUDGMENT OR SETTLEMENT TO WHICH THE ATTORNEY'S LIEN ATTACHED AND THE
   15  ATTORNEY'S  SERVICES  CREATED  THE  FUND  THAT  ANY  RIGHT OF SET-OFF IS
   16  CLAIMED AGAINST.  The court upon the petition of the client or  attorney
   17  may determine and enforce the lien.
   18    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15136-01-2