Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 22, 2010 |
referred to codes |
Senate Bill S6649
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S6649 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6640
- Current Committee:
- Senate Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §308, CPLR
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A4928
2013-2014: A4307
2009-S6649 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6649 TITLE OF BILL : An act to amend the civil practice law and rules, in relation to the validity of service of process in certain circumstances SUMMARY OF SPECIFIC PROVISIONS This measure, which was recommended by the Chief Administrative Judge's Advisory committee on Civil practice, would amend CPLR 308 to add a new undesignated paragraph at the end to provide that if both acts of service pursuant to subdivision 2 or subdivision 4 when applicable, have been attempted and only one of them is validly effected, a showing that the defendant actually received process shall be sufficient to sustain service. Of course, completion of service in such a case would include the filing of proof of service with the clerk of the court. JUSTIFICATION : In the interest of basic fairness, this measure is designed in a carefully limited manner to prevent recurrence of the harsh outcome of Feinstein v. Bergner, 48 N.Y.2d 234 (1978). That was a wrongful death action in which the plaintiff-widow, despite diligent efforts, was unable to effectuate both the required acts of service first under CPLR 308(2) (deliver and mail) and then under CPLR 308(4) (affix and mail). The Court of Appeals, with a strong dissent, held that, even
2009-S6649 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6649 I N S E N A T E January 22, 2010 ___________ Introduced by Sen. SCHNEIDERMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to the validity of service of process in certain circumstances THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 308 of the civil practice law and rules is amended by adding a new closing paragraph to read as follows: WHERE BOTH ACTS OF SERVICE PURSUANT TO SUBDIVISION TWO OR FOUR OF THIS SECTION HAVE BEEN ATTEMPTED, AND ONE OF THE TWO ACTS OF SERVICE PRESCRIBED UNDER EITHER SUBDIVISION TWO OR FOUR OF THIS SECTION HAS BEEN VALIDLY EFFECTED, IT SHALL BE SUFFICIENT TO SUSTAIN THE SERVICE IF IT IS SHOWN THAT THE DEFENDANT ACTUALLY HAS RECEIVED PROCESS. S 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law, and shall only apply to actions and proceedings commenced on or after such date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06368-01-9
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