What's happening
This bill clarifies that rights or benefits from a cause of action continue and attach to any resulting judgment.
Why it matters
Protects plaintiffs’ rights and entitlements. By clarifying that any rights, benefits, or advantages linked to a cause of action continue to exist even after a judgment is entered, the bill ensures plaintiffs don’t unintentionally lose important legal leverage or remedies once their case is won in court.
Prevents loss of remedies during judgment enforcement. Many ancillary rights (like interest, attorney’s fees, or statutory penalties) might otherwise be argued as “merged” and lost in the entry of judgment; this amendment makes clear that those rights carry over and can be enforced as part of the judgment, supporting more complete recovery for successful litigants.
Applies retroactively to unsatisfied judgments. The bill’s language specifies it applies not only to future judgments but also to past judgments that remain unpaid, potentially giving new tools or arguments to people still trying to collect on old court awards.
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Who cares
Headline styles
Preserve Rights After Judgment
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
874
2019-2020 Regular Sessions
IN ASSEMBLY
January 11, 2019
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.
LBD01387-01-9
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.