Bill Text: NY S06949 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that no right, benefit, or advantage that attends a cause of action shall be lost when the cause of action is successfully reduced to a judgment, but shall be deemed to append to the judgment.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-04-16 - REFERRED TO JUDICIARY [S06949 Detail]

Download: New_York-2011-S06949-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6949
                                   I N  S E N A T E
                                    April 16, 2012
                                      ___________
       Introduced  by  Sen. BONACIC -- 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
         effect of the entry of judgment on certain rights attendant to a cause
         of action
         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 5011-a to read as follows:
    3    S 5011-A. MERGER DOCTRINE CLARIFIED. NO RIGHT,  BENEFIT  OR  ADVANTAGE
    4  THAT ATTENDS A CAUSE OF ACTION SHALL BE LOST WHEN THE CAUSE OF ACTION IS
    5  SUCCESSFULLY REDUCED TO A JUDGMENT, BUT SHALL BE DEEMED TO APPEND TO THE
    6  JUDGMENT AS WELL.
    7    S  2.  This  act  shall take effect immediately and shall apply to all
    8  judgments that are rendered after such effective date or that are unsat-
    9  isfied as of such date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15329-01-2