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S6836Senate2011-2012 Session

Provides an attorney's lien maintains superiority over a right of set-off where the set-off is unrelated to the judgment or settlement to which the lien attached

Sponsor John A. DeFranciscoSD-50Affects Legal
Status
In Assembly Committee
Judiciary
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Judiciary

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Who cares

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Sponsors

Primary sponsor
John A. DeFrancisco

Senator · Senate District 50

Chair, Finance

No co-sponsors yet.

History

  1. Referred to judiciary
  2. Delivered to assembly
  3. Passed senateVote 59–1
  4. Ordered to third reading cal.1226
  5. Committee discharged and committed to rules
  6. Referred to judiciary

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S6836

Title of bill

An act to amend the judiciary law, in relation to set-off against attorney's fees

Purpose

To provide that an attorney lien maintain superiority over a right of set-off where the setoff is unrelated to the judgment or settlement to which the lien is attached.

Summary of provisions

Section One - Section 1 -- Amends section 475 of the judiciary law to provide that an attorney's lien maintains superiority over a right of set-off where the set-off is unrelated to the judgment or settlement to which the attorney's lien attached and the attorney's services created the fund that any right of set-off is claimed against.

Section Two - Establishes the effective date.

Justification

This legislation would ensure that an attorney lien is satisfied prior to a right of set-off where the set-off is unrelated to the judgment or settlement to which the attorney's lien is attached, since without the attorneys efforts, there would have been no fund created and no lien paid.

Legislative history

New Bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.