S T A T E   O F   N E W   Y O R K                   
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                                         10422                                 
                                                                               
                                 I N  A S S E M B L Y                          
                                                                               
                                    March 28, 2000                             
                                      ___________                              
                                                                               
       Introduced  by  M. of A. WEINSTEIN, ORTIZ -- Multi-Sponsored by -- M. of
         A. BOYLAND, BRENNAN, CLARK, A. COHEN, COOK, DINOWITZ, KAUFMAN,  KLEIN,
         LAFAYETTE,  MILLMAN,  RAMIREZ,  SEDDIO, SIDIKMAN -- (at request of the
         Office of Court Administration) --  read  once  and  referred  to  the
         Committee on Judiciary                                                
                                                                               
       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 when the third party plaintiff is insolvent
                                                                               
         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    S  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    S 2. This act shall take effect on  the  first  day  of  January  next
   12  succeeding  the  date on which it shall have become law, and shall apply
   13  only to actions commenced on or after such date.                        
                                                                               
                                                                               
                                                                               
                                                                               
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             { } is old law to be omitted.                     
                                                                  LBD14987-01-0
.SO DOC A 10422         *END*                    BTXT                 1999     

Bill A10422
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