S01546 Summary:

BILL NOS01546
 
SAME ASSAME AS A05275
 
SPONSORSAMPSON
 
COSPNSR
 
MLTSPNSR
 
Amd SS475 & 475-a, Judy L
 
Authorizes an attorney to attach a lien to awards and settlement proceeds received by his or her client through alternative dispute resolution or settlement negotiations.
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S01546 Actions:

BILL NOS01546
 
01/10/2011REFERRED TO JUDICIARY
01/04/2012REFERRED TO JUDICIARY
03/20/20121ST REPORT CAL.390
03/21/20122ND REPORT CAL.
03/22/2012ADVANCED TO THIRD READING
04/30/2012PASSED SENATE
04/30/2012DELIVERED TO ASSEMBLY
04/30/2012referred to judiciary
06/14/2012substituted for a5275
06/14/2012ordered to third reading rules cal.151
06/19/2012passed assembly
06/19/2012returned to senate
09/21/2012DELIVERED TO GOVERNOR
10/03/2012SIGNED CHAP.478
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S01546 Floor Votes:

DATE:06/19/2012Assembly Vote  YEA/NAY: 142/0
Yes
Abbate
Yes
Ceretto
Yes
Glick
Yes
Lentol
Yes
Murray
Yes
Ryan
Yes
Abinanti
Yes
Clark
Yes
Goldfeder
Yes
Lifton
Yes
Nolan
Yes
Saladino
Yes
Amedore
Yes
Colton
Yes
Goodell
Yes
Linares
Yes
Oaks
Yes
Sayward
Yes
Arroyo
ER
Conte
Yes
Gottfried
Yes
Lopez PD
Yes
O'Donnell
Yes
Scarborough
Yes
Aubry
Yes
Cook
Yes
Graf
Yes
Lopez VJ
Yes
Ortiz
Yes
Schimel
Yes
Barclay
Yes
Corwin
Yes
Gunther
Yes
Losquadro
Yes
Palmesano
Yes
Schimminger
Yes
Barrett
Yes
Crespo
Yes
Hanna
Yes
Lupardo
Yes
Paulin
Yes
Simanowitz
Yes
Barron
Yes
Crouch
Yes
Hawley
Yes
Magee
Yes
Peoples Stokes
Yes
Simotas
Yes
Benedetto
Yes
Curran
Yes
Heastie
Yes
Magnarelli
Yes
Perry
Yes
Skartados
Yes
Blankenbush
Yes
Cusick
Yes
Hevesi
Yes
Maisel
Yes
Pretlow
Yes
Smardz
ER
Boyland
Yes
Cymbrowitz
Yes
Hikind
Yes
Malliotakis
Yes
Quart
Yes
Stevenson
Yes
Boyle
Yes
DenDekker
Yes
Hooper
Yes
Markey
Yes
Ra
Yes
Sweeney
Yes
Braunstein
Yes
Dinowitz
Yes
Jacobs
Yes
Mayer
Yes
Rabbitt
Yes
Tedisco
Yes
Brennan
Yes
Duprey
Yes
Jaffee
Yes
McDonough
Yes
Raia
Yes
Tenney
Yes
Brindisi
Yes
Englebright
ER
Jeffries
Yes
McEneny
Yes
Ramos
Yes
Thiele
Yes
Bronson
Yes
Espinal
Yes
Johns
Yes
McKevitt
Yes
Reilich
Yes
Titone
Yes
Brook Krasny
Yes
Farrell
Yes
Jordan
Yes
McLaughlin
Yes
Reilly
Yes
Titus
Yes
Burling
Yes
Finch
ER
Katz
ER
Meng
Yes
Rivera J
Yes
Tobacco
Yes
Butler
Yes
Fitzpatrick
Yes
Kavanagh
Yes
Miller D
Yes
Rivera N
Yes
Walter
Yes
Cahill
Yes
Friend
Yes
Kearns
Yes
Miller JM
Yes
Rivera PM
Yes
Weinstein
Yes
Calhoun
Yes
Gabryszak
NV
Kellner
Yes
Miller MG
Yes
Roberts
Yes
Weisenberg
Yes
Camara
Yes
Galef
Yes
Kolb
Yes
Millman
Yes
Robinson
Yes
Weprin
Yes
Canestrari
Yes
Gantt
ER
Lancman
Yes
Montesano
Yes
Rodriguez
Yes
Wright
Yes
Castelli
Yes
Gibson
Yes
Latimer
Yes
Morelle
Yes
Rosenthal
Yes
Zebrowski
ER
Castro
Yes
Giglio
Yes
Lavine
Yes
Moya
Yes
Russell
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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S01546 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1546
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                    January 10, 2011
                                       ___________
 
        Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary
 
        AN ACT to amend the judiciary law, in relation to authorizing an  attor-
          ney  to  attach a charging lien to awards and settlement proceeds that
          clients receive through alternative dispute resolutions and settlement

          negotiations
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 475 of the judiciary law, as amended by chapter 105
     2  of the laws of 1946, is amended to read as follows:
     3    §  475.  Attorney's lien in action, special or other proceeding.  From
     4  the commencement of an action, special or other proceeding in any  court
     5  or  before  any state, municipal or federal department, except a depart-
     6  ment of labor, or the service of an answer containing a counterclaim, or
     7  the initiation of any means of alternative dispute resolution including,
     8  but not limited to,  mediation  or  arbitration,  or  the  provision  of
     9  services  in  a  settlement negotiation at any stage of the dispute, the

    10  attorney who appears for a party has a lien upon  his  or  her  client's
    11  cause  of  action,  claim  or counterclaim, which attaches to a verdict,
    12  report, determination, decision, award, settlement,  judgment  or  final
    13  order in his or her client's favor, and the proceeds thereof in whatever
    14  hands  they  may come; and the lien cannot be affected by any settlement
    15  between the parties before or after judgment, final  order  or  determi-
    16  nation.    The  court  upon  the  petition of the client or attorney may
    17  determine and enforce the lien.
    18    § 2. Section 475-a of the judiciary law, as added by  chapter  551  of
    19  the laws of 1955, is amended to read as follows:
    20    §  475-a.  Notice  of lien. If prior to the commencement of an action,
    21  arbitration, mediation or a form of alternative dispute resolution, or a

    22  special or other proceeding, an attorney serves a notice  of  lien  upon
    23  the  person  or persons against whom his or her client has or may have a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06080-01-1

        S. 1546                             2
 
     1  claim or cause of action, the attorney has a  lien  upon  the  claim  or
     2  cause  of action from the time such notice is given, which attaches to a
     3  verdict, report, determination, decision,  award,  settlement  or  final
     4  order in his or her client's favor of any court, arbitral tribunal or of
     5  any  state,  municipal  or  federal  department,  except a department of

     6  labor, and to any money or property which may be recovered on account of
     7  such claim or cause of action in whatever hands they may come;  and  the
     8  lien cannot be affected by any settlement between the parties after such
     9  notice  of  lien  is  given.  The  notice shall, (1) be served by either
    10  personal service or registered mail; (2) be in writing; (3)  state  that
    11  the relationship of attorney and client has been established, the nature
    12  of  the claim or cause of action, and that the attorney claims a lien on
    13  such claim or cause of action; (4) be signed by  the  client,  or  by  a
    14  person  on  his  or  her  behalf  whose relationship is shown, and which
    15  signature shall also  be  witnessed  by  a  disinterested  person  whose
    16  address  shall  also be given; and (5) be signed by the attorney. A lien
    17  obtained under this section shall otherwise have the same effect and  be

    18  enforced  in  the  same  manner  as  a  lien obtained under section four
    19  hundred seventy-five of this [chapter] article.
    20    § 3. This act shall take effect on the ninetieth day  after  it  shall
    21  have become a law.
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