Bill

Bill > A03351


NY A03351

Permits a plaintiff to recover directly against a third party defendant found to be liable to the defendant in certain actions.


summary

Introduced
01/27/2025
In Committee
01/27/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the civil practice law and rules, in relation to permitting a plaintiff to recover against a third party defendant in certain cases

AI Summary

This bill amends the New York Civil Practice Law and Rules by adding a new section that allows a plaintiff to recover an unsatisfied judgment directly from a co-defendant or third-party defendant in certain circumstances. Specifically, if a plaintiff has a judgment against a defendant that remains unpaid 30 days after being served, and that defendant has a judgment or potential claim for contribution or indemnification against another party, the plaintiff can now pursue recovery from that third party. In cases where the defendant has not yet reduced their contribution or indemnification claim to a judgment, the plaintiff can attach or be assigned that cause of action and prosecute it in their own name or the defendant's name. The bill includes important limitations: it does not allow recovery against an employer in workers' compensation cases, and it does not create a new cause of action where one did not previously exist. This legislation provides additional enforcement mechanisms for plaintiffs seeking to collect judgments by allowing them to pursue alternative sources of payment when the original defendant cannot satisfy the full judgment.

Committee Categories

Justice

Sponsors (1)

Last Action

referred to judiciary (on 01/27/2025)

bill text


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