Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Aug 30, 2010 |
signed chap.468 |
Aug 18, 2010 |
delivered to governor |
Jul 01, 2010 |
returned to senate passed assembly ordered to third reading rules cal.538 substituted for a10725 |
Jul 01, 2010 |
substituted by s6360a rules report cal.538 reported |
Jun 21, 2010 |
reported referred to rules |
Jun 03, 2010 |
reported referred to codes |
Apr 16, 2010 |
referred to judiciary |
Assembly Bill A10725
Signed By Governor2009-2010 Legislative Session
Sponsored By
WEINSTEIN
Archive: Last Bill Status Via S6360 - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2009-A10725 (ACTIVE) - Details
- See Senate Version of this Bill:
- S6360
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Add §6205, amd §6211, CPLR
2009-A10725 (ACTIVE) - Sponsor Memo
BILL NUMBER:A10725 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to orders of attachment in certain cases PURPOSE OF BILL: This bill will amend the New York Civil Practice Law and Rules ("CPLR") to provide judgment creditors who secure a money judgment against a foreign state, as defined in 28 United States Code Section 1603, to an order of attachment with respect to specific iden- tifiable property of, or debt owed to, the judgment debtor, with a post- judgment order of attachment that has the same priority rights afforded to pre-judgment orders of attachment and executions. This amendment fills in a gap in existing priority rules which presently allow credi- tors of a foreign state who secure prejudgment orders of attachment subsequent to judgment creditors who have already restrained property or debts to take priority over the earlier restraint in cases where the court determines that execution on the property or debt in question would be premature. SUMMARY OF PROVISIONS: OF BILL: Section 1 - Section 6205 of the Civil Practice Law and Rules is amended by adding a new provision allowing a court to issue an order of attachment upon the application of a judgment creditor of a foreign state. The amendment would give a post-judgment creditor who has reason to delay issuance of an execution the chance to obtain in a post-judgment attachment the same priority rights as exist- ing attachments and executions.
2009-A10725 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10725 I N A S S E M B L Y April 16, 2010 ___________ Introduced by M. of A. WEINSTEIN -- read once and referred to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to orders of attachment in certain cases THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The civil practice law and rules is amended by adding a new section 6205 to read as follows: S 6205. ORDER OF ATTACHMENT IN CERTAIN CASES. AN ORDER OF ATTACHMENT MAY BE GRANTED IN AID OF EXECUTION TO A PARTY THAT HAS BEEN AWARDED A MONEY JUDGMENT AGAINST A FOREIGN STATE, AS DEFINED IN 28 UNITED STATES CODE SECTION 1603, IN ACCORDANCE WITH AND SUBJECT TO THE LIMITATIONS OF 28 UNITED STATES CODE SECTION 1610 AND OTHER APPLICABLE LAW. S 2. Subdivision (a) of section 6211 of the civil practice law and rules, as amended by chapter 860 of the laws of 1977, is amended to read as follows: (a) When granted; contents. An order of attachment may be granted without notice, before or after service of summons and at any time prior to judgment, OR AS PROVIDED IN SECTION SIXTY-TWO HUNDRED FIVE OF THIS ARTICLE. It shall specify the amount to be secured by the order of attachment including any interest, costs and sheriff's fees and expenses, be indorsed with the name and address of the plaintiff's attorney and shall be directed to the sheriff of any county or of the city of New York where any property in which the defendant has an inter- est is located or where a garnishee may be served. The order shall direct the sheriff to levy within his jurisdiction, at any time before final judgment, upon such property in which the defendant has an inter- est and upon such debts owing to the defendant as will satisfy the amount specified in the order of attachment. S 3. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15281-02-0
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