S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         1549

                              2011-2012 Regular Sessions

                                   I N  S E N A T E

                                   January 10, 2011
                                      ___________

       Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes

       AN ACT to amend the civil practice law and rules, in relation to author-
         izing the imposition of  prejudgment  interest  in  certain  cases  of
         nonpayment of support

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1.  Subdivision (a) of section 5001 of the civil practice  law
    2  and rules is amended to read as follows:
    3    (a)  Actions  in which recoverable. Interest shall be recovered upon a
    4  sum awarded because of a breach  of  performance  of  a  contract,  [or]
    5  because  of  an  act or omission depriving or otherwise interfering with
    6  title to, or possession or enjoyment of, property, OR BECAUSE OF A FAIL-
    7  URE TO PAY CHILD SUPPORT OR COMBINED CHILD AND SPOUSAL SUPPORT  PURSUANT
    8  TO  A  COURT  ORDER,  except  that  in an action of an equitable nature,
    9  interest and the rate and date from which it shall be computed shall  be
   10  in the court's discretion.
   11    S 2. This act shall take effect immediately and shall apply to actions
   12  and proceedings commenced on or after such effective date.





        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06118-01-1