Permits a plaintiff to recover directly against a third party defendant found to be liable to the defendant in certain actions.
Summary
Bill A03351 amends the civil practice law and rules in New York to allow a plaintiff who has obtained a judgment against a defendant to recover unsatisfied amounts from a third-party defendant or co-defendant who is liable for contribution or indemnification. Specifically, if a judgment remains unsatisfied for thirty days after being served, the plaintiff can collect the unsatisfied amount from the liable third-party defendant or co-defendant. Additionally, the plaintiff can attach or take an assignment of the defendant's cause of action for contribution or indemnification and prosecute it in their own name, allowing for recovery of the same amount that would have been awarded to the defendant if they had satisfied the original judgment.
Impact
This bill impacts the enforcement of civil judgments in New York by providing plaintiffs with a new avenue to recover amounts owed when their original judgment is not satisfied. It modifies existing laws regarding contribution and indemnification, potentially increasing the financial liability of third-party defendants and co-defendants. The bill also clarifies that it does not allow recovery from employers in cases where the workers' compensation law would bar such claims, thus maintaining certain protections for employers.
Sentiment
The sentiment around Bill A03351 appears to be generally favorable among committee members, as indicated by the votes in the Assembly Rules and Ways and Means Committees, where it received a majority of support. However, the presence of dissenting votes suggests some concerns or opposition that may need to be addressed as the bill progresses.
Contention
Notable points of contention include the potential for increased liability for third-party defendants and co-defendants, which some may argue could lead to unfair financial burdens. Additionally, the bill's restrictions on recovery from employers under the workers' compensation law may be a point of debate, as some stakeholders might feel that it does not go far enough in protecting plaintiffs' rights to recover their judgments.
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