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A2687Assembly2017-2018 Session

Protect Rights After Judgment

Official title

“Relates to the effect of the entry of judgment on certain rights attendant to a cause of action”

Sponsor Aravella SimotasAD-36Affects Legal
Status
In Assembly Committee
Judiciary
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill clarifies that any rights or benefits from a cause of action continue to apply after the cause is reduced to judgment.

Why it matters

  1. Protects Ongoing Rights After Judgment. This bill ensures that important rights or benefits associated with a lawsuit (such as the right to collect interest, seek enforcement, or pursue related remedies) are not lost simply because the case has been concluded with a court judgment, providing greater certainty for those who win civil lawsuits.

  2. Clarifies Legal Ambiguity. By explicitly stating that these rights "append to the judgment," the bill addresses any confusion or disputes about whether certain legal advantages continue once a judgment is entered, which can help avoid costly litigation over technicalities.

  3. Retroactive Application. The law is designed to apply not only to future cases but also to any judgments that are currently unsatisfied, potentially aiding individuals or businesses still seeking to enforce old court judgments and recover what they are owed.

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Who cares

  • Plaintiffs and judgment creditors

    The bill would preserve any right, benefit or advantage attached to their cause of action after they obtain a judgment.

  • Judgment debtors

    The bill would carry those rights, benefits and advantages over to judgments, including judgments still unsatisfied on the effective date.

  • Civil litigation attorneys

    The bill would clarify the merger doctrine by providing that rights attached to a successful cause of action also attach to the resulting judgment.

Headline styles

Protect Rights After Judgment

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Aravella Simotas

Assembly Member · Assembly District 36

No co-sponsors yet.

History

  1. Referred to judiciary
  2. Referred to judiciary

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2687

2017-2018 Regular Sessions

IN ASSEMBLY

January 20, 2017

Introduced by M. of A. SIMOTAS -- read once and referred to the Committee on Judiciary

AN ACT to amend the civil practice law and rules, in relation to the effect of the entry of judgment on certain rights attendant to a cause of action

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The civil practice law and rules is amended by adding a new section 5011-a to read as follows:

§ 5011-a. Merger doctrine clarified. No right, benefit or advantage that attends a cause of action shall be lost when the cause of action is successfully reduced to a judgment, but shall be deemed to append to the judgment as well.

§ 2. This act shall take effect immediately and shall apply to all judgments that are rendered after such effective date or that are unsatisfied as of such date.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04564-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

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