STATE OF NEW YORK
________________________________________________________________________
7922
2009-2010 Regular Sessions
IN ASSEMBLY
April 28, 2009
___________
Introduced by M. of A. ROSENTHAL, TITUS, DenDEKKER, KELLNER, HOOPER,
SPANO, MILLMAN -- Multi-Sponsored by -- M. of A. COOK, DINOWITZ,
GLICK, GOTTFRIED -- read once and referred to the Committee on Judici-
ary
AN ACT to amend the civil practice law and rules, in relation to
increasing penalties for failure to execute and file satisfied judg-
ments with the court clerk
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (c) of section 5020 of the civil practice law
2 and rules, as amended by chapter 575 of the laws of 1975, is amended to
3 read as follows:
4 (c) When the judgment is fully satisfied, if the person required to
5 execute and file with the proper clerk pursuant to subdivisions (a) and
6 (d) [hereof] of this section fails or refuses to do so within twenty
7 days after receiving full satisfaction, then the judgment creditor shall
8 be subject to a penalty of one [hundred] thousand dollars recoverable by
9 the judgment debtor pursuant to [Section 7202 of the civil practice law
10 and rules] section seventy-two hundred two of this chapter or article
11 eighteen of either the New York City civil court act, uniform district
12 court act or uniform city court act; provided, however, that such penal-
13 ty shall not be recoverable when a city with a population greater than
14 one million persons is the judgment creditor, unless such judgment cred-
15 itor shall fail to execute and file a satisfaction-piece with the proper
16 clerk pursuant to subdivisions (a) and (d) [hereof] of this section
17 within twenty days after having been served by the judgment debtor with
18 a written demand therefor by certified mail, return receipt requested.
19 § 2. This act shall take effect on the one hundred eightieth day after
20 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09214-01-9
