Assembly Bill A10725

Signed By Governor
2009-2010 Legislative Session

Provides for orders of attachment against a foreign state

download bill text pdf

Sponsored By

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

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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) - Summary

Provides for orders of attachment against a foreign state.

2009-A10725 (ACTIVE) - Sponsor Memo

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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