New York A 11239: Relates to permitting a plaintiff to recover directly against a third party defendant found to be liable in certain actions

Bill Text

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A11239 Summary:

BILL NOA11239 

&nbsp

SAME ASSAME AS S09533

&nbsp

SPONSORDinowitz

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §1405, CPLR

&nbsp

Permits a plaintiff to recover directly against a third party defendant found to be liable to the defendant in certain actions.

Go to top A11239 Actions:

BILL NOA11239 

&nbsp

05/01/2026referred to judiciary

Go to topA11239 Committee&nbspVotes:

Go to topA11239 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA11239 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 11239

 IN ASSEMBLY

 May 1, 2026
 ___________

 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
 tee on Judiciary

 AN ACT to amend the civil practice law and rules, in relation to permit-
 ting a plaintiff to recover against a third party defendant in certain
 cases

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The civil practice law and rules is amended by adding a new
 2 section 1405 to read as follows:
 3 § 1405. Permitting plaintiff, as judgment creditor against defendant,
 4 to recover and collect unsatisfied judgment or portion of judgment
 5 against third-party defendant or co-defendant liable for contribution or
 6 indemnification. (a) Where a plaintiff has entered a judgment against a
 7 defendant and the judgment remains unsatisfied thirty days after it has
 8 been served on the defendant-judgment debtor, and where judgment has
 9 been entered in favor of the defendant-judgment debtor against a co-de-
 10 fendant or third-party defendant on a cause of action for contribution
 11 or for contractual or common law indemnification, the plaintiff-judgment
 12 creditor may collect any unsatisfied amount of the plaintiff's judgment
 13 against the defendant from the co-defendant or third-party defendant up
 14 to the amount awarded on the cause of action for contribution or indem-
 15 nification.
 16 (b) Where the plaintiff's judgment remains unsatisfied thirty days
 17 after it has been served on the defendant-judgment debtor, and where the
 18 defendant-judgment debtor has a cause of action for contribution or for
 19 contractual or common law indemnification which has not been reduced to
 20 judgment, the plaintiff-judgment creditor may attach, or take an assign-
 21 ment from the defendant-judgment debtor of, the cause of action for
 22 contribution or indemnification, and prosecute the cause of action in
 23 the plaintiff's own name or in the name of the defendant-judgment
 24 debtor, and recover a judgment therein for the same amount of contrib-
 25 ution or indemnification as would be awarded to the defendant-judgment
 26 debtor if the defendant-judgment debtor had satisfied plaintiff's
 27 original judgment in full. Such remedy is in addition to any other means

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07136-01-5

 A. 11239 2

 1 available to the plaintiff-judgment debtor for enforcement of the judg-
 2 ment. This section shall not authorize direct recovery against a third-
 3 party defendant in those circumstances in which the third-party claim
 4 against that third-party defendant would have been barred by the
 5 provisions of section eleven of the workers' compensation law, and does
 6 not otherwise permit a plaintiff to bring a cause of action against a
 7 third party if such third party was the plantiff's employer at the time
 8 of the incident or injury.
 9 § 2. This act shall take effect immediately, and shall apply to all
 10 judgments entered by plaintiffs on or after such date.

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