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NY S01546

Bill

Status

Passed

10/3/2012

Primary Sponsor

John Sampson

Click for details

Origin

Senate

2011-2012 General Assembly

AI Summary

  • Amends Judiciary Law Section 475 to extend attorney charging liens to awards and settlement proceeds obtained through alternative dispute resolution (mediation, arbitration) and settlement negotiations, in addition to court judgments and verdicts.

  • Allows an attorney's lien to attach to any award, settlement, judgment, or final order in the client's favor from the commencement of alternative dispute resolution or settlement negotiations, not just from the start of a court action.

  • Amends Judiciary Law Section 475-a to permit attorneys to serve notice of lien prior to initiating arbitration, mediation, or other alternative dispute resolution to establish a lien on the client's claim or cause of action.

  • Specifies that liens established under these provisions cannot be affected by any settlement between parties and applies the same enforcement procedures as liens obtained under existing lien statutes.

  • Takes effect 90 days after becoming law.

Legislative Description

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.

Last Action

SIGNED CHAP.478

10/3/2012

Committee Referrals

Judiciary4/30/2012
Judiciary1/10/2011

Full Bill Text

No bill text available