Assembly Bill A4312

2023-2024 Legislative Session

Relates to certain preliminary injunctions

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Sponsored By

Current Bill Status - In Assembly 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

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2023-A4312 (ACTIVE) - Details

See Senate Version of this Bill:
S2260
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §6311, CPLR
Versions Introduced in Other Legislative Sessions:
2017-2018: A10627, S8514
2019-2020: A5527, S3733
2021-2022: A5901, S5309

2023-A4312 (ACTIVE) - Summary

Provides that the failure of a party challenging a building permit, variance, subdivision or other land use approval to seek a preliminary injunction to prevent construction shall not give rise to the opposing party raising the defense of mootness if such party continues and/or completes construction with knowledge that an action challenging its land use approval has been timely commenced.

2023-A4312 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4312
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2023
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to certain
   preliminary injunctions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 6311 of the civil practice law and rules is amended
 by adding a new subdivision 3 to read as follows:
   3. FAILURE OF A PARTY CHALLENGING A BUILDING PERMIT, VARIANCE,  SUBDI-
 VISION  OR  OTHER  LAND USE APPROVAL TO SEEK A PRELIMINARY INJUNCTION TO
 PREVENT CONSTRUCTION SHALL NOT GIVE RISE TO THE OPPOSING PARTY TO  RAISE
 THE  DEFENSE  OF  MOOTNESS  IF  SAID  PARTY  CONTINUES  AND/OR COMPLETES
 CONSTRUCTION WITH KNOWLEDGE THAT AN  ACTION  CHALLENGING  ITS  LAND  USE
 APPROVAL HAS BEEN TIMELY COMMENCED.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03856-01-3

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