assembly Bill A7206

Relates to the time for making a motion to dismiss for failure to state a cause of action and motion for summary judgment

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Sponsor

BRAUNSTEIN

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 15 / Apr / 2011
    • REFERRED TO JUDICIARY
  • 04 / Jan / 2012
    • REFERRED TO JUDICIARY

Summary

Relates to the time for making a motion to dismiss for failure to state a cause of action and motion for summary judgment

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Bill Details

See Senate Version of this Bill:
S4595
Versions:
A7206
Legislative Cycle:
2011-2012
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd RR3211 & 3212, CPLR
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7206

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 15, 2011
                               ___________

Introduced  by  M.  of  A.  BRAUNSTEIN,  WEINSTEIN -- (at request of the
  Office of Court Administration) --  read  once  and  referred  to  the
  Committee on Judiciary

AN  ACT  to  amend  the civil practice law and rules, in relation to the
  time for the making of a motion to dismiss  for  failure  to  state  a
  cause of action and motion for summary judgment

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (e) of rule 3211 of the civil practice law  and
rules, as amended by chapter 616 of the laws of 2005, is amended to read
as follows:
  (e)  Number,  time  and  waiver  of objections; motion to [plead over]
REPLEAD OR AMEND. At any time before service of the responsive  pleading
is required, a party may move on one or more of the grounds set forth in
subdivision  (a),  and  no more than one such motion shall be permitted.
Any objection or defense based upon a ground  set  forth  in  paragraphs
one,  three,  four,  five  and  six  of subdivision (a) is waived unless
raised either by such motion or in the  responsive  pleading.  A  motion
based upon a ground specified in paragraph two[, seven] or ten of subdi-
vision (a) may be made at any subsequent time or in a later pleading, if
one is permitted[; an].  A GROUND SPECIFIED IN PARAGRAPH SEVEN OF SUBDI-
VISION  (A)  OF  THIS SECTION MAY BE ASSERTED IN A LATER PLEADING, OR BY
MOTION IF PERMITTED, OR BY A DATE SET BY THE COURT BY AN ORDER  MADE  IN
THE ACTION, OR, IF NO SUCH DATE IS SET, NO LATER THAN ONE HUNDRED TWENTY
DAYS  AFTER THE FILING OF THE NOTE OF ISSUE; PROVIDED, HOWEVER, THAT THE
DEADLINE FOR MAKING SUCH MOTION MAY BE EXTENDED BY THE COURT, UPON  GOOD
CAUSE  SHOWN,  IN  THE INTEREST OF JUSTICE OR WITH THE CONSENT OF ALL OF
THE PARTIES. UNLESS THE COURT ORDERS OTHERWISE, THE GRANTING OF A MOTION
UNDER PARAGRAPH SEVEN OF SUBDIVISION (A) OF THIS SECTION SHALL NOT BAR A
MOTION TO REPLEAD OR AMEND. AN objection that the summons and complaint,
summons with notice, or notice of petition and petition was not properly

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09310-01-1

A. 7206                             2

served is waived if, having raised such an objection in a pleading,  the
objecting  party  does not move for judgment on that ground within sixty
days after serving the pleading, unless the court extends the time  upon
the  ground of undue hardship. The foregoing sentence shall not apply in
any proceeding under subdivision one or two  of  section  seven  hundred
eleven  of  the real property actions and proceedings law. The papers in
opposition to a motion based on improper service shall contain a copy of
the proof of service, whether or  not  previously  filed.  An  objection
based  upon a ground specified in paragraph eight or nine of subdivision
(a) is waived if a party moves on any of the grounds set forth in subdi-
vision (a)  without  raising  such  objection  or  if,  having  made  no
objection under subdivision (a), he or she does not raise such objection
in the responsive pleading.
  S 2. Subdivision (a) of rule 3212 of the civil practice law and rules,
as  amended  by  chapter  492 of the laws of 1996, is amended to read as
follows:
  (a) Time; kind of action.  Any party may move for summary judgment  in
any  action,  after  issue  has  been joined; provided however, that the
court may set a date BY AN ORDER MADE IN THE ACTION after which no  such
motion  may  be  made, such date being no earlier than thirty days after
the filing of the note of issue. If no such date is set by the court  BY
AN ORDER MADE IN THE ACTION, such motion shall be made no later than one
hundred  twenty days after the filing of the note of issue[, except with
leave of court on].  THE DEADLINE FOR MAKING SUCH MOTION SET BY ORDER OF
THE COURT OR PURSUANT TO THIS SUBDIVISION MAY BE EXTENDED BY  THE  COURT
UPON good cause shown, IN THE INTEREST OF JUSTICE OR WITH THE CONSENT OF
ALL OF THE PARTIES.
  S  3.  This act shall take effect immediately and apply to all actions
pending on or after such effective date.

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