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A01889 Summary:

A01889 Actions:

A01889 Floor Votes:

A01889 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1889--B
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 12, 2011
                                       ___________
 
        Introduced  by  M.  of  A. ROSENTHAL, TITUS, DenDEKKER, KELLNER, HOOPER,
          MILLMAN -- Multi-Sponsored by -- M. of A. COOK, DINOWITZ, GLICK, GOTT-
          FRIED -- read once and referred  to  the  Committee  on  Judiciary  --
          recommitted  to the Committee on Judiciary in accordance with Assembly
          Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered

          reprinted as amended and recommitted to said committee -- reported and
          referred  to  the  Committee  on  Codes  -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 
        AN  ACT  to  amend  the  civil  practice  law  and rules, in relation to
          increasing penalties for failure to execute and file  satisfied  judg-
          ments of $5,000 or more 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] a judgment for less than five thousand dollars is fully

     5  satisfied, if the person required to execute and file  with  the  proper
     6  clerk  pursuant  to  subdivisions  (a)  and (d) [hereof] of this section
     7  fails or refuses to do so within twenty days after receiving full satis-
     8  faction, then the judgment creditor shall be subject to a penalty of one
     9  hundred dollars recoverable by the judgment debtor pursuant to  [Section
    10  7202  of  the  civil practice law and rules] section seventy-two hundred
    11  two of this chapter or article eighteen of  either  the  New  York  City
    12  civil  court  act, uniform district court act or uniform city court act.
    13  When a judgment for five thousand dollars or more is fully satisfied, if
    14  the person required to execute and file with the proper  clerk  pursuant

    15  to  subdivisions  (a)  and (d) of this section fails or refuses to do so
    16  within twenty days after receiving full satisfaction, then the  judgment
    17  creditor shall be subject to a penalty of five hundred dollars recovera-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01836-06-2
        A. 1889--B                          2
 
     1  ble  by  the judgment debtor pursuant to section seventy-two hundred two
     2  of this chapter or article eighteen of either the New  York  city  civil
     3  court  act,  uniform  district  court  act  or  uniform  city court act;

     4  provided,  however, that such [penalty] penalties shall not be recovera-
     5  ble when a city with a population greater than one  million  persons  is
     6  the  judgment  creditor,  unless  such  judgment  creditor shall fail to
     7  execute and file a satisfaction-piece with the proper clerk pursuant  to
     8  subdivisions  (a)  and  (d)  [hereof] of this section within twenty days
     9  after having been served by the judgment debtor with  a  written  demand
    10  therefor by certified mail, return receipt requested.
    11    § 2. This act shall take effect on the one hundred eightieth day after
    12  it shall have become a law.