Permits a plaintiff to recover directly against a third party defendant found to be liable to the defendant in certain actions.
Summary
S09533 would add a new section 1405 to the Civil Practice Law and Rules to give a judgment creditor-plaintiff a new collection remedy when a judgment against the original defendant remains unpaid for 30 days. If the defendant has already obtained a judgment against a co-defendant or third-party defendant for contribution or contractual/common-law indemnification, the plaintiff could collect the unpaid portion of the plaintiff’s judgment directly from that co-defendant or third-party defendant, but only up to the amount of the contribution or indemnification award.
The bill also covers situations where the defendant has a contribution or indemnification claim that has not yet been reduced to judgment. In that case, the plaintiff could attach or take an assignment of that claim and prosecute it in the plaintiff’s own name or in the defendant’s name, recovering the same amount the defendant could have recovered. The bill states that this remedy is in addition to other enforcement tools and takes effect immediately, applying to judgments entered on or after the effective date.
Impact
The bill would expand post-judgment enforcement under New York civil procedure by allowing plaintiffs to reach certain contribution and indemnification recoveries that would otherwise belong to the defendant-judgment debtor. It would create a direct statutory pathway for plaintiffs to pursue third-party defendants or co-defendants in limited circumstances, while preserving existing limits on recovery and expressly excluding claims barred by the Workers’ Compensation Law, including claims against an employer where the employer relationship existed at the time of the injury.
Sentiment
The available record shows no committee transcript, vote tally, or formal opposition, so there is no documented debate to indicate strong support or resistance. Based on the bill’s structure, it appears designed as a creditor-enforcement measure intended to improve collection of unsatisfied judgments, suggesting a generally pro-plaintiff and pro-enforcement policy orientation. Because no votes or hearing remarks are provided, the overall sentiment cannot be assessed beyond the bill’s apparent remedial purpose.
Contention
The main potential point of contention is the bill’s expansion of a plaintiff’s ability to step into or directly benefit from a defendant’s contribution or indemnification rights, which could be viewed as altering the usual allocation of recovery rights among defendants and third parties. Another likely issue is the carveout for workers’ compensation cases and employer immunity, which limits the bill’s reach and may be important to defendants, insurers, and employers concerned about indirect exposure. No specific objections or supporters are documented in the provided materials.
Prohibiting plaintiffs from filing abusive civil actions against certain defendants with whom the plaintiff has a current or former family, household or dating relationship and authorizing the court to impose prefiling restrictions on such plaintiffs.
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Repeals the crime of felony murder; permits vacating conviction and resentencing of defendants convicted of felony murder; requires reporting of certain crime statistics and information.
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Concerning defendants who fail to appear in court, and, in connection therewith, permitting certain conditions on pretrial release for defendants who have previously failed to appear.