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