Bill > S05152

This bill amends the civil practice law and rules to allow a plaintiff who has obtained a judgment against a defendant, but the judgment remains unsatisfied, to directly recover the unsatisfied amount from a co-defendant or third-party defendant who was found liable to the original defendant for contribution or indemnification. The bill also allows the plaintiff to attach or take assignment of the original defendant's cause of action for contribution or indemnification and prosecute it in the plaintiff's own name. This remedy is in addition to other means available to the plaintiff-judgment creditor to enforce the judgment. The bill specifies that it does not apply in circumstances where the third-party claim would have been barred by workers' compensation law or where the third party was the plaintiff's employer at the time of the incident or injury.