S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    834
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by  M.  of  A.  DINOWITZ, BENEDETTO, SEAWRIGHT, GLICK, FAHY,
   JOYNER, COOK, COLTON, McDONOUGH --  read  once  and  referred  to  the
   Committee on Judiciary
 
 AN  ACT to amend the lien law, the general business law and the adminis-
   trative code of the city of New York, in  relation  to  liens  against
   commercial towing companies for illegal and improper towing practices;
   to  amend the civil practice law and rules, in relation to grounds for
   attachment; to amend the business  corporation  law,  in  relation  to
   holding  shareholders  of  non-publicly traded corporations personally
   liable for certain judgments;  and  to  amend  the  limited  liability
   company  law,  in relation to holding the ten members with the largest
   ownership interests in a company personally liable for  certain  judg-
   ments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The lien law is amended by adding a new article 7-A to read
 as follows:
                                ARTICLE 7-A
        LIEN ON COMMERCIAL TOWING COMPANIES FOR IMPROPER PRACTICES
 SECTION 170. LIEN FOR VIOLATIONS ASSOCIATED  WITH  ILLEGAL  OR  IMPROPER
                PRACTICES RELATING TO THE TOWING OF MOTOR VEHICLES.
         171. ENFORCEMENT OF LIEN.
   § 170. LIEN  FOR  VIOLATIONS ASSOCIATED WITH ILLEGAL OR IMPROPER PRAC-
 TICES RELATING TO THE TOWING OF MOTOR VEHICLES. 1. A PERSON SHALL HAVE A
 LIEN AGAINST ANY INTEREST IN PROPERTY OF  A  COMMERCIAL  TOWING  COMPANY
 ARISING  OUT  OF  ANY CLAIM OF ILLEGAL OR IMPROPER PRACTICES RELATING TO
 THE TOWING OF MOTOR VEHICLES, AS DEFINED IN SECTION ONE HUNDRED  SEVEN-B
 OF  THE  VEHICLE  AND  TRAFFIC  LAW, INCLUDING BY NOT LIMITED TO SECTION
 19-169.1 OF THE ADMINISTRATIVE CODE OF THE CITY OF  NEW  YORK,  FOR  THE
 AGREED  PRICE  OF  SUCH  TOWING  OR, IF THE TOWING WAS WITHOUT THE PRIOR
 CONSENT OR AUTHORIZATION OF SUCH MOTOR VEHICLE OWNER, THE AMOUNT CHARGED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00585-01-3
              

 A. 834                              2
 
 FOR THE SERVICE, FROM THE TIME OF  FILING  A  NOTICE  OF  SUCH  LIEN  AS
 PRESCRIBED  IN  THIS CHAPTER. IN A CITY WITH A POPULATION OF ONE MILLION
 OR MORE, CHARGES FOR TOWING AND ASSOCIATED STORAGE SHALL NOT EXCEED  THE
 AMOUNTS  SET  FORTH  IN SECTION 20-509 OF THE ADMINISTRATIVE CODE OF THE
 CITY OF NEW YORK. A LIEN UNDER THIS SECTION MAY BE HAD  FOR  ANY  AMOUNT
 OVER THE LIMITS SET FORTH IN SUCH SECTION. A LIEN UNDER THIS ARTICLE MAY
 BE  HAD  AGAINST AN INTEREST IN REAL PROPERTY AND AGAINST AN INTEREST IN
 PERSONAL PROPERTY THAT CAN BE SUFFICIENTLY DESCRIBED WITHIN THE  MEANING
 OF  SECTION  9-108  OF  THE  UNIFORM COMMERCIAL CODE, EXCEPT THAT A LIEN
 UNDER THIS ARTICLE SHALL NOT EXTEND TO  DEPOSIT  ACCOUNTS  OR  GOODS  AS
 THOSE  TERMS  ARE  DEFINED  IN SECTION 9-102 OF   THE UNIFORM COMMERCIAL
 CODE.
   2. NOTICE OF A LIEN UNDER THIS SECTION MAY BE FILED AT  ANY  TIME  NOT
 LATER  THAN  THREE YEARS FOLLOWING VIOLATION GIVING RISE TO THE CLAIM. A
 NOTICE OF LIEN ON PERSONAL PROPERTY  MUST  BE  FILED,  TOGETHER  WITH  A
 FINANCING  STATEMENT, IN THE FILING OFFICE AS SET FORTH IN SECTION 9-501
 OF THE UNIFORM COMMERCIAL CODE.
   3. WITHIN FIVE DAYS BEFORE OR THIRTY DAYS AFTER FILING THE NOTICE OF A
 LIEN AUTHORIZED PURSUANT TO THIS ARTICLE, THE LIENOR SHALL SERVE A  COPY
 OF  SUCH  NOTICE  UPON  THE OWNER OF THE COMMERCIAL TOWING COMPANY, IF A
 NATURAL PERSON, (A) BY DELIVERING THE SAME TO HIM OR HER PERSONALLY,  OR
 IF THE OWNER CANNOT BE FOUND, TO HIS OR HER AGENT OR ATTORNEY, OR (B) BY
 LEAVING IT AS HIS OR HER LAST KNOWN PLACE OF RESIDENCE OR BUSINESS, WITH
 A  PERSON OF SUITABLE AGE AND DISCRETION, OR (C) BY REGISTERED OR CERTI-
 FIED MAIL ADDRESSED TO HIS OR HER LAST KNOWN PLACE OF RESIDENCE OR BUSI-
 NESS, OR (D) IF SUCH PERSON OWNS REAL PROPERTY, BY AFFIXING A COPY THER-
 EOF CONSPICUOUSLY ON SUCH PROPERTY, BETWEEN THE HOURS OF NINE O'CLOCK IN
 THE FORENOON AND FOUR O'CLOCK IN THE AFTERNOON. THE LIENOR  ALSO  SHALL,
 WITHIN THIRTY DAYS AFTER FILING THE NOTICE OF LIEN, AFFIX A COPY THEREOF
 CONSPICUOUSLY  ON  THE  REAL  PROPERTY IDENTIFIED IN THE NOTICE OF LIEN,
 BETWEEN THE HOURS OF NINE O'CLOCK IN THE FORENOON AND  FOUR  O'CLOCK  IN
 THE  AFTERNOON.  IF THE COMMERCIAL TOWING COMPANY BE A CORPORATION, SAID
 SERVICE SHALL BE MADE (I) BY DELIVERING SUCH COPY  TO  AND  LEAVING  THE
 SAME  WITH  THE  PRESIDENT,  VICE-PRESIDENT,  SECRETARY  OR CLERK TO THE
 CORPORATION, THE CASHIER, TREASURER OR  A  DIRECTOR  OR  MANAGING  AGENT
 THEREOF, PERSONALLY, WITHIN THE STATE, OR (II) IF SUCH OFFICER CANNOT BE
 FOUND WITHIN THE STATE, BY AFFIXING A COPY THEREOF CONSPICUOUSLY ON SUCH
 PROPERTY  BETWEEN  THE  HOURS  OF  NINE O'CLOCK IN THE FORENOON AND FOUR
 O'CLOCK IN THE AFTERNOON, OR  (III)  BY  REGISTERED  OR  CERTIFIED  MAIL
 ADDRESSED  TO  ITS  LAST KNOWN PLACE OF BUSINESS, OR (IV) BY DELIVERY TO
 THE SECRETARY OF THE DEPARTMENT OF STATE IN THE SAME MANNER AS  REQUIRED
 BY SUBPARAGRAPH ONE OF PARAGRAPH (B) OF SECTION THREE HUNDRED SIX OF THE
 BUSINESS  CORPORATION  LAW. FAILURE TO FILE PROOF OF SUCH A SERVICE WITH
 THE COUNTY CLERK WITHIN THIRTY-FIVE DAYS AFTER THE  NOTICE  OF  LIEN  IS
 FILED  SHALL TERMINATE THE NOTICE AS A LIEN. UNTIL SERVICE OF THE NOTICE
 HAS BEEN MADE, AS ABOVE PROVIDED, AN OWNER,  WITHOUT  KNOWLEDGE  OF  THE
 LIEN,  SHALL  BE  PROTECTED  IN  PAYMENT MADE IN GOOD FAITH TO ANY OTHER
 PERSON CLAIMING A LIEN.
   4. (A) NO LIEN ON REAL PROPERTY UNDER THIS SECTION SHALL BE A LIEN FOR
 A LONGER PERIOD THAN ONE YEAR AFTER THE NOTICE OF LIEN HAS  BEEN  FILED,
 UNLESS  AN  EXTENSION TO SUCH LIEN IS FILED WITH THE COUNTY CLERK OF THE
 COUNTY IN WHICH THE NOTICE OF LIEN IS FILED WITHIN  ONE  YEAR  FROM  THE
 FILING  OF  THE  ORIGINAL  NOTICE OF LIEN, CONTINUING SUCH LIEN AND SUCH
 LIEN SHALL BE REDOCKETED AS OF THE DATE OF FILING SUCH  EXTENSION.  SUCH
 EXTENSION  SHALL  CONTAIN  THE  NAMES OF THE LIENOR AND THE OWNER OF THE
 REAL PROPERTY AGAINST WHOSE INTEREST THEREIN SUCH  LIEN  IS  CLAIMED,  A
 A. 834                              3
 
 BRIEF  DESCRIPTION  OF THE PROPERTY AFFECTED BY SUCH LIEN, THE AMOUNT OF
 SUCH LIEN, AND THE DATE OF FILING THE NOTICE OF LIEN. NO LIEN  SHALL  BE
 CONTINUED BY SUCH EXTENSION FOR MORE THAN ONE YEAR FROM THE FILING THER-
 EOF.  IN  THE EVENT AN ACTION IS NOT COMMENCED TO OBTAIN JUDGMENT ON THE
 CLAIM OR TO FORECLOSE THE LIEN WITHIN SUCH EXTENDED  PERIOD,  SUCH  LIEN
 SHALL BE EXTINGUISHED UNLESS AN ORDER BE GRANTED BY A COURT OF RECORD OR
 A  JUDGE  OR JUSTICE THEREOF, CONTINUING SUCH LIEN, AND SUCH  LIEN SHALL
 BE REDOCKETED AS OF THE DATE OF GRANTING SUCH ORDER AND A STATEMENT MADE
 THAT SUCH LIEN IS CONTINUED BY VIRTUE OF SUCH ORDER.
   (B) NO LIEN ON PERSONAL PROPERTY UNDER THIS SECTION SHALL  BE  A  LIEN
 FOR A LONGER PERIOD THAN ONE YEAR AFTER THE FINANCING STATEMENT HAS BEEN
 RECORDED,  UNLESS  AN  EXTENSION  TO SUCH LIEN, IS FILED WITH THE FILING
 OFFICE IN WHICH THE FINANCING STATEMENT IS REQUIRED TO BE FILED PURSUANT
 TO SECTION 9-501 OF THE UNIFORM COMMERCIAL CODE WITHIN ONE YEAR FROM THE
 FILING OF THE ORIGINAL FINANCING STATEMENT, CONTINUING SUCH  LIEN.  SUCH
 EXTENSION  SHALL  CONTAIN  THE  NAMES OF THE LIENOR AND THE OWNER OF THE
 PROPERTY AGAINST WHOSE INTEREST THEREIN SUCH LIEN IS  CLAIMED,  A  BRIEF
 DESCRIPTION  OF  THE  PRIOR  FINANCING STATEMENT TO BE EXTENDED, AND THE
 DATE OF FILING THE PRIOR FINANCING STATEMENT. NO LIEN SHALL BE CONTINUED
 BY SUCH EXTENSION FOR MORE THAN ONE YEAR FROM THE FILING THEREOF. IN THE
 EVENT AN ACTION IS NOT COMMENCED TO OBTAIN JUDGEMENT ON THE CLAIM OR  TO
 FORECLOSE  THE  LIEN  WITHIN  SUCH  EXTENDED  PERIOD, SUCH LIEN SHALL BE
 EXTINGUISHED UNLESS AN ORDER BE GRANTED BY A COURT OF RECORD OR A  JUDGE
 OR JUSTICE THEREOF, CONTINUING SUCH LIEN, AND SUCH LIEN SHALL BE REFILED
 AS  OF  THE  DATE  OF GRANTING SUCH ORDER AND A STATEMENT MADE THAT SUCH
 LIEN IS CONTINUED BY VIRTUE OF SUCH ORDER.
   (C) IF A LIENOR IS MADE A PARTY DEFENDANT  IN  AN  ACTION  TO  ENFORCE
 ANOTHER  LIEN, AND THE PLAINTIFF OR SUCH DEFENDANT HAS FILED A NOTICE OF
 THE PENDENCY OF THE ACTION WITHIN THE TIME PRESCRIBED IN  THIS  SECTION,
 THE  LIEN  OF  SUCH DEFENDANT IS THEREBY CONTINUED. SUCH ACTION SHALL BE
 DEEMED AN ACTION TO ENFORCE THE LIEN OF SUCH DEFENDANT LIENOR. THE FAIL-
 URE TO FILE A NOTICE OF PENDENCY OF ACTION SHALL NOT ABATE THE ACTION AS
 TO ANY PERSON LIABLE FOR THE PAYMENT OF THE DEBT SPECIFIED IN THE NOTICE
 OF LIEN, AND THE ACTION MAY  BE  PROSECUTED  TO  JUDGMENT  AGAINST  SUCH
 PERSON.  THE  PROVISIONS  OF  THIS SECTION IN REGARD TO CONTINUING LIENS
 SHALL APPLY TO LIENS DISCHARGED BY DEPOSIT OR BY ORDER ON THE FILING  OF
 AN  UNDERTAKING.  WHERE  A  LIEN IS DISCHARGED BY DEPOSIT OR BY ORDER, A
 NOTICE OF PENDENCY OF ACTION SHALL NOT BE FILED.
   (D) NOTWITHSTANDING THE FOREGOING, IF A LIENOR COMMENCES A FORECLOSURE
 ACTION OR AN ACTION TO OBTAIN A JUDGMENT ON THE CLAIM  WITHIN  ONE  YEAR
 FROM  THE FILING OF THE NOTICE OF LIEN ON REAL PROPERTY OR THE RECORDING
 OF THE FINANCING STATEMENT CREATING LIEN ON PERSONAL PROPERTY, THE  LIEN
 SHALL  BE EXTENDED DURING THE PENDENCY OF THE ACTION AND FOR ONE HUNDRED
 TWENTY DAYS FOLLOWING THE ENTRY OF FINAL JUDGMENT IN SUCH ACTION, UNLESS
 THE ACTION RESULTS IN A FINAL JUDGMENT OR ADMINISTRATIVE  ORDER  IN  THE
 LIENOR'S  FAVOR  ON  THE  CLAIMS  AND THE LIENOR COMMENCES A FORECLOSURE
 ACTION, IN WHICH INSTANCE THE LIEN SHALL BE VALID DURING THE PENDENCY OF
 THE FORECLOSURE ACTION. IF A LIEN IS EXTENDED DUE TO THE PENDENCY  OF  A
 FORECLOSURE  ACTION  OR AN ACTION TO OBTAIN A JUDGMENT ON THE CLAIM, THE
 LIENOR SHALL FILE A NOTICE OF SUCH PENDENCY AND EXTENSION WITH THE COUN-
 TY CLERK OF THE COUNTY IN WHICH THE NOTICE OF LIEN IS FILED,  CONTAINING
 THE  NAMES  OF  THE PARTIES TO THE   ACTION, THE OBJECT OF THE ACTION, A
 BRIEF DESCRIPTION OF THE PROPERTY AFFECTED  THEREBY,  AND  THE  TIME  OF
 FILING THE NOTICE OF LIEN, OR IN THE CASE OF A LIEN ON PERSONAL PROPERTY
 SHALL  FILE  SUCH  NOTICE WITH THE OFFICE AUTHORIZED TO ACCEPT FINANCING
 STATEMENTS PURSUANT TO SECTION 9-501 OF THE UNIFORM COMMERCIAL CODE.
 A. 834                              4
 
   (E) A LIEN, THE DURATION OF WHICH HAS BEEN EXTENDED BY THE FILING OF A
 NOTICE OF THE PENDENCY OF AN ACTION AS ABOVE PROVIDED,  SHALL  NEVERTHE-
 LESS TERMINATE AS A LIEN AFTER SUCH NOTICE HAS BEEN CANCELED AS PROVIDED
 IN  SECTION  SIXTY-FIVE  HUNDRED  FOURTEEN OF THE CIVIL PRACTICE LAW AND
 RULES  OR  HAS CEASED TO BE EFFECTIVE AS CONSTRUCTIVE NOTICE AS PROVIDED
 IN SECTION SIXTY-FIVE HUNDRED THIRTEEN OF THE  CIVIL  PRACTICE  LAW  AND
 RULES.
   §  171.  ENFORCEMENT  OF  LIEN.  1. A LIEN ON REAL PROPERTY AUTHORIZED
 UNDER THIS ARTICLE MAY BE ENFORCED AGAINST SUCH PROPERTY, AND AGAINST  A
 PERSON  LIABLE  FOR  THE  JUDGMENT UPON WHICH THE LIEN IS FOUNDED, BY AN
 ACTION, BY THE LIENOR, HIS ASSIGNEE  OR  LEGAL  REPRESENTATIVE,  IN  THE
 SUPREME  COURT  OR  IN  A  COUNTY  COURT  OTHERWISE HAVING JURISDICTION,
 REGARDLESS OF THE AMOUNT OF SUCH JUDGMENT,  OR  IN  A  COURT  WHICH  HAS
 JURISDICTION  IN  AN  ACTION  FOUNDED  ON  A CONTRACT FOR A SUM OF MONEY
 EQUIVALENT TO THE AMOUNT  OF  SUCH  JUDGMENT,  IN  THE  SAME  MANNER  AS
 PRESCRIBED IN ARTICLE THREE OF THIS CHAPTER.
   2.  A  LIEN  ON  PERSONAL PROPERTY SPECIFIED IN THIS ARTICLE MAY IMME-
 DIATELY BE ENFORCED  AGAINST  THE  PROPERTY  THROUGH  A  FORECLOSURE  AS
 PRESCRIBED IN ARTICLE NINE OF THE UNIFORM COMMERCIAL CODE, OR UPON JUDG-
 MENT OBTAINED BY THE OWNER OF THE MOTOR VEHICLE, OR THE ATTORNEY GENERAL
 OF THE STATE OF NEW YORK, AND MAY BE ENFORCED IN ANY MANNER AVAILABLE TO
 THE JUDGMENT CREDITOR PURSUANT TO ARTICLE NINE OF THE UNIFORM COMMERCIAL
 CODE OR OTHER APPLICABLE LAWS.
   3.  A  LIEN,  WHERE  NOTICE  HAS BEEN FILED ON REAL PROPERTY OR A BOND
 GIVEN TO DISCHARGE THE SAME, MAY BE VACATED AND CANCELLED OR  A  DEPOSIT
 MADE  TO DISCHARGE A LIEN PURSUANT TO SECTION TWENTY OF THIS CHAPTER MAY
 BE RETURNED, BY AN ORDER OF A COURT OF RECORD. BEFORE SUCH  ORDER  SHALL
 BE  GRANTED, A NOTICE SHALL BE SERVED UPON THE LIENOR, EITHER PERSONALLY
 OR BY LEAVING IT AT HIS LAST KNOWN  PLACE  OF  RESIDENCE  OR  ATTORNEY'S
 PLACE  OF  BUSINESS,  WITH  A PERSON OF SUITABLE AGE, WITH DIRECTIONS TO
 DELIVER IT TO THE LIENOR.  SUCH  NOTICE  SHALL  REQUIRE  THE  LIENOR  TO
 COMMENCE  AN  ACTION  TO  ENFORCE  THE LIEN, OR TO COMMENCE AN ACTION TO
 OBTAIN JUDGMENT ON THE CLAIM UPON WHICH THE LIEN WAS ESTABLISHED, WITHIN
 A TIME SPECIFIED IN THE NOTICE, NOT LESS THAN NINETY DAYS FROM THE  TIME
 OF  SERVICE, OR SHOW CAUSE AT A SPECIAL TERM OF A COURT OF RECORD, OR AT
 A COUNTY COURT, IN A COUNTY IN WHICH THE PROPERTY IS SITUATED, AT A TIME
 AND PLACE SPECIFIED THEREIN, WHY THE NOTICE OF LIEN FILED  OR  THE  BOND
 GIVEN  SHOULD  NOT BE VACATED AND CANCELLED, OR THE DEPOSIT RETURNED, AS
 THE CASE MAY BE. PROOF OF SUCH SERVICE  AND  THAT  THE  LIENOR  HAS  NOT
 COMMENCED THE ACTION TO FORECLOSE SUCH LIEN OR AN ACTION TO OBTAIN JUDG-
 MENT  ON  THE  CLAIM UPON WHICH THE LIEN WAS ESTABLISHED, AS DIRECTED IN
 THE NOTICE, SHALL BE MADE BY AFFIDAVIT, AT THE TIME OF APPLYING FOR SUCH
 ORDER.
   § 2. Subdivision 2 of section 399-xx of the general business  law,  as
 added by chapter 690 of the laws of 2004, is amended to read as follows:
   2. Requirements. A commercial tower who responds to a call for assist-
 ance from an owner or operator of a vehicle that is inoperable or cannot
 be  safely operated or who offers to transport, repair, or render safely
 operable such a vehicle shall, in compliance with any reasonable request
 of an owner or operator of such vehicle, repair the vehicle or transport
 the vehicle and its  occupants  to  a  reasonably  safe  location  where
 repairs  can  be  made.  The  commercial  tower shall not be required to
 transport all vehicle occupants if the number of occupants  exceeds  the
 number of passengers that can be safely transported. The owner or opera-
 tor  of the vehicle shall be liable to the commercial tower for the cost
 of towing and repair services provided.  A WRITTEN INVOICE  STATING  THE
 A. 834                              5

 COST  OF THE TOWING AND/OR SERVICES, SIGNED BY BOTH THE COMMERCIAL TOWER
 AND THE OWNER OR AUTHORIZED USER OF THE MOTOR VEHICLE, SHALL BE PROVIDED
 PRIOR TO ANY TOWING OR SERVICES BEING PERFORMED.  The  commercial  tower
 shall  accept  cash  and all other forms of payment that such commercial
 tower accepts in the ordinary course of business, including  credit  and
 debit cards as those terms are defined in section five hundred eleven of
 this  chapter  as  payment for all or part of the charges for towing and
 repair services accepted and provided. The commercial tower may  require
 such proof of identification from persons making payments in forms other
 than  cash  as  the  commercial  tower requires for such payments in the
 ordinary course of business. If the  owner  or  operator  of  a  vehicle
 declines  services of the commercial tower or cannot or will not provide
 payment and identification for towing or repair services,  a  commercial
 tower shall notify law enforcement about the location and identification
 of  the vehicle and its occupants. The provisions of this section do not
 apply to a vehicle which is lawfully parked at the home of the vehicle's
 owner or operator.
   § 3. Section 20-509 of the administrative code of the city of New York
 is amended by adding a new subdivision e to read as follows:
   E. A WRITTEN INVOICE STATING THE COST  OF  THE  TOWING  AND/OR  REPAIR
 SERVICES,  SIGNED  BY BOTH THE COMMERCIAL TOWER AND THE OWNER OR AUTHOR-
 IZED USER OF THE MOTOR VEHICLE, SHALL BE PROVIDED PRIOR TO ANY TOWING OR
 REPAIR SERVICES BEING PERFORMED, EXCEPT WHERE THE TOWING WAS WITHOUT THE
 PRIOR CONSENT OR AUTHORIZATION OF SUCH MOTOR VEHICLE OWNER.    UPON  THE
 RELEASE  OF  A  TOWED  MOTOR  VEHICLE THE OWNER SHALL RECEIVE AN INVOICE
 STATING THE AMOUNT CHARGED AND THE AMOUNT PAID.
   § 4. Subdivision 5 of section 6201  of  the  civil  practice  law  and
 rules,  as  amended by chapter 860 of the laws of 1977 and as renumbered
 by chapter 618 of the laws of 1992, is amended and a new  subdivision  6
 is added to read as follows:
   5.  the  cause  of action is based on a judgment, decree or order of a
 court of the United States or of any other court which  is  entitled  to
 full  faith  and  credit in this state, or on a judgment which qualifies
 for recognition under the provisions of article 53[.] OF  THIS  CHAPTER;
 OR
   6. THE CAUSE OF ACTION IS BASED ON CLAIMS OF ILLEGAL OR IMPROPER PRAC-
 TICES RELATING TO THE TOWING OF MOTOR VEHICLES, INCLUDING BUT NOT LIMIT-
 ED  TO  VIOLATIONS OF SECTION 19-169.1 OF THE ADMINISTRATIVE CODE OF THE
 CITY OF NEW YORK.
   § 5. The business corporation law is amended by adding a  new  section
 631 to read as follows:
 § 631. LIABILITY  OF  SHAREHOLDERS  OF  COMMERCIAL  TOWING COMPANIES FOR
          CLAIMS OF ILLEGAL OR IMPROPER TOWING PRACTICES.
   (A) THE TEN LARGEST SHAREHOLDERS, AS DETERMINED BY THE FAIR  VALUE  OF
 THEIR  BENEFICIAL  INTEREST  IN  EVERY  DOMESTIC  CORPORATION  OR OF ANY
 FOREIGN CORPORATION, NO SHARES OF WHICH ARE LISTED ON A NATIONAL SECURI-
 TIES EXCHANGE OR REGULARLY QUOTED IN AN OVER-THE-COUNTER MARKET  BY  ONE
 OR  MORE  MEMBERS OF A NATIONAL OR AN AFFILIATED SECURITIES ASSOCIATION,
 SHALL JOINTLY AND SEVERALLY BE PERSONALLY LIABLE FOR ALL CLAIMS DUE  AND
 OWING  TO  ANY  PERSON  AS  A RESULT OF AN ACTION TO RECOVER DAMAGES FOR
 VIOLATIONS ASSOCIATED WITH ILLEGAL OR IMPROPER PRACTICES RELATING TO THE
 TOWING OF MOTOR VEHICLES, INCLUDING BUT NOT  LIMITED  TO  VIOLATIONS  OF
 SECTION 19-169.1 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
   (B)  A  SHAREHOLDER  WHO  HAS PAID MORE THAN HIS OR HER PRO RATA SHARE
 UNDER THIS SECTION SHALL BE ENTITLED TO CONTRIBUTION PRO RATA  FROM  THE
 OTHER  SHAREHOLDERS LIABLE UNDER THIS SECTION WITH RESPECT TO THE EXCESS
 A. 834                              6
 
 SO PAID, OVER AND ABOVE HIS OR HER PRO RATA  SHARE,  AND  MAY  SUE  THEM
 JOINTLY  OR  SEVERALLY  OR  ANY NUMBER OF THEM TO RECOVER THE AMOUNT DUE
 FROM THEM.  SUCH RECOVERY MAY BE HAD IN A SEPARATE ACTION.  AS  USED  IN
 THIS  PARAGRAPH,  "PRO  RATA"  MEANS  IN  PROPORTION TO BENEFICIAL SHARE
 INTEREST. BEFORE A SHAREHOLDER MAY CLAIM CONTRIBUTION FROM OTHER  SHARE-
 HOLDERS  UNDER THIS PARAGRAPH, HE OR SHE SHALL GIVE THEM NOTICE IN WRIT-
 ING THAT HE OR SHE INTENDS TO HOLD THEM SO LIABLE TO HIM  OR  HER.  SUCH
 NOTICE  SHALL  BE  GIVEN BY HIM OR HER WITHIN TWENTY DAYS AFTER THE DATE
 THAT NOTICE WAS GIVEN UNDER PARAGRAPH (A) OF THIS SECTION.
   § 6. Section 609 of the limited liability company law  is  amended  by
 adding a new subdivision (e) to read as follows:
   (E) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS (A) AND (B) OF THIS
 SECTION,  THE TEN MEMBERS WITH THE LARGEST PERCENTAGE OWNERSHIP INTEREST
 OF EVERY LIMITED LIABILITY  COMPANY,  SHALL  JOINTLY  AND  SEVERALLY  BE
 PERSONALLY LIABLE FOR ALL CLAIMS DUE AND OWING TO ANY PERSON AS A RESULT
 OF  AN  ACTION TO RECOVER DAMAGES FOR VIOLATIONS ASSOCIATED WITH ILLEGAL
 OR IMPROPER PRACTICES RELATING TO THE TOWING OF MOTOR VEHICLES,  INCLUD-
 ING BUT NOT LIMITED TO VIOLATIONS OF SECTION 19-169.1 OF THE ADMINISTRA-
 TIVE CODE OF THE CITY OF NEW YORK.
   §  7.  This  act shall take effect on the thirtieth day after it shall
 have become a law.