STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5006
 
                               2003-2004 Regular Sessions
 
                    IN SENATE
 
                                       May 9, 2003
                                       ___________
 
        Introduced  by Sen. DeFRANCISCO -- (at request of the Judiciary) -- 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 permit-
          ting  a  plaintiff  in  a  tort  case to recover against a third party
          defendant in certain cases
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The civil practice law and rules is amended by adding a new
     2  section 1405 to read as follows:
     3    §  1405.  Permitting  plaintiff  to  obtain  an indirect tort recovery
     4  against a third party defendant in  certain  cases.  Either  a  judgment
     5  creditor or a judgment debtor may recover on a judgment for contribution
     6  or  indemnification regardless of whether the judgment debtor has satis-
     7  fied the underlying judgment for which contribution  or  indemnification
     8  is  sought.  Where  such underlying judgment is unsatisfied, any payment
     9  made by the contributing or indemnifying party shall be made directly to
    10  the judgment creditor.
    11    § 2. This act shall take effect on the first of January next  succeed-
    12  ing  the  date on which it shall have become a law, and shall apply only
    13  to actions commenced on or after such date.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11603-02-3