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A09356 Summary:

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A09356 Floor Votes:

A09356 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9356
 
                   IN ASSEMBLY
 
                                     April 21, 2014
                                       ___________
 
        Introduced  by  M. of A. SIMOTAS, WEINSTEIN -- (at request of the Office
          of Court Administration) -- read once and referred to the Committee on
          Judiciary
 
        AN ACT to amend the civil practice law and rules, in relation to payment
          or delivery of property of judgment debtor
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 

     1    Section 1. Subdivisions (a) and (b) of section 5225 of the civil prac-
     2  tice  law  and  rules,  subdivision (b) as amended by chapter 388 of the
     3  laws of 1964 and such section as renumbered by chapter 315 of  the  laws
     4  of 1962, are amended to read as follows:
     5    (a)  Property in the possession of judgment debtor. Upon motion of the
     6  judgment creditor, upon notice to the judgment debtor, where it is shown
     7  that the judgment debtor is in possession [or], custody  or  control  of
     8  money or other personal property in which he or she has an interest, the
     9  court  shall order that the judgment debtor pay the money, or so much of
    10  it as is sufficient to satisfy the judgment, to  the  judgment  creditor
    11  and,  if  the  amount to be so paid is insufficient to satisfy the judg-
    12  ment, to deliver any other personal property, or so much of it as is  of

    13  sufficient  value  to  satisfy  the  judgment,  to a designated sheriff.
    14  Notice of the motion shall be served on the judgment debtor in the  same
    15  manner  as  a summons or by registered or certified mail, return receipt
    16  requested.
    17    (b) Property not in the possession of judgment debtor. Upon a  special
    18  proceeding  commenced  by  the  judgment  creditor,  against a person in
    19  possession [or], custody or control of money or other personal  property
    20  in which the judgment debtor has an interest, or against a person who is
    21  a  transferee  of  money  or  other  personal property from the judgment
    22  debtor, where it is shown that the judgment debtor is  entitled  to  the
    23  possession  of  such  property or that the judgment creditor's rights to
    24  the property are superior to those of the transferee,  the  court  shall

    25  require  such person to pay the money, or so much of it as is sufficient
    26  to satisfy the judgment, to the judgment creditor and, if the amount  to
    27  be so paid is insufficient to satisfy the judgment, to deliver any other
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13637-01-4
        A. 9356                             2
 
     1  personal property, or so much of it as is of sufficient value to satisfy
     2  the judgment, to a designated sheriff. Costs of the proceeding shall not
     3  be  awarded  against  a person who did not dispute the judgment debtor's
     4  interest  or right to possession. Notice of the proceeding shall also be
     5  served upon the judgment debtor in the same manner as a  summons  or  by

     6  registered  or  certified  mail, return receipt requested. The court may
     7  permit the judgment debtor to intervene in the proceeding. The court may
     8  permit any adverse claimant to  intervene  in  the  proceeding  and  may
     9  determine  his  or  her  rights  in accordance with section 5239 of this
    10  article.
    11    § 2. This act shall take effect on the first of January next  succeed-
    12  ing the date on which it shall have become a law.