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S2305

An act to amend the Civil Practice Law and Rules — 2025-03-25 · Calendar #186

The New York State Senate passed legislation Tuesday restricting confessions of judgment in private lending agreements under $5 million, aligning state law with practices in most other states. Senate Print 2305, sponsored by Sen. Krueger, passed 39-22 on a party-line vote. The measure prohibits lenders from obtaining court judgments without the borrower's knowledge or opportunity to contest the debt in court, a practice Krueger characterized as predatory. "This is good consumer protection law that most states are following," Krueger said, noting New York previously restricted such confessions for larger companies and out-of-state entities. Sen. Sanders praised the bill, citing documented misuse of confessions of judgment reported by the Wall Street Journal. Opponents, led by Sen. Palumbo, argued the bill would harm small business owners and entrepreneurs by eliminating a legitimate tool in private lending agreements. "The lender isn't going to lend the money" without such protections, Palumbo warned, predicting reduced access to capital. An amendment by Sen. Canzoneri-Fitzpatrick to repeal 2019 criminal justice reforms was ruled nongermane and defeated on appeal, 22-0.
PASSED Ayes: 39 · Nays: 22

Debate Summary

The bill restricts confessions of judgment in private lending agreements under $5 million, aligning New York law with most other states. Sponsor Sen. Krueger argued the measure protects consumers and small businesses from predatory practices, noting New York previously restricted confessions of judgment for larger companies and out-of-state entities. Opponents, including Sen. Palumbo, contended the bill undermines legitimate private lending practices by eliminating a useful tool for lenders and borrowers who voluntarily agree to such terms, arguing it will reduce access to capital for small business owners and individuals seeking loans.

Recorded Votes

Recorded votes are predominantly dissenting (nay) votes captured from roll call records.

Senator Vote Party
Krueger aye Democrat
Sanders aye Democrat
Ashby nay Republican
Borrello nay Republican
Canzoneri-Fitzpatrick nay Republican
Chan nay Republican
Gallivan nay Republican
Griffo nay Republican
Helming nay Republican
Lanza nay Republican
Martins nay Republican
Mattera nay Republican
Murray nay Republican
O'Mara nay Republican
Oberacker nay Republican
Ortt nay Republican
Palumbo nay Republican
Rhoads nay Republican
Rolison nay Republican
Stec nay Republican
Tedisco nay Republican
Walczyk nay Republican
Weber nay Republican
Weik nay Republican

Amendments

Sponsor Description Outcome
Sen. Canzoneri-Fitzpatrick Amendment to repeal the 2019 changes to discovery law in criminal procedure, citing concerns about bail reform and discovery reform creating a revolving door in the criminal justice system and leading to increased case dismissals. defeated