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Assembly Bill A3156

2009-2010 Legislative Session

Relates to the method and place of service of summons

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Archive: Last Bill Status - In Assembly Committee

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2009-A3156 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Uniform Justice Court Act
Laws Affected:
Amd ยง403, UJCA
Versions Introduced in 2011-2012 Legislative Session:
A7876

2009-A3156 (ACTIVE) - Summary

Relates to the method and place of service of summons; provides that where the cause of action arises from a failure to comply with a state or local housing code violation and the owner resides within the state, a defendant may also be served anywhere within the state.

2009-A3156 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3156

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2009
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Judiciary

AN ACT to amend the uniform justice court act, in relation to the method
  and place of service of summons

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

  Section 1. Section 403 of the uniform justice court act, as amended by
chapter 612 of the laws of 1991, is amended to read as follows:
S 403. Summons; method and place of service.
  Service of summons shall be made in the manner prescribed  in  supreme
court practice, including the optional method of service by mail author-
ized  by  CPLR  312-a,  but  it  shall  be  made only within the county;
provided, however, that (1) where the cause of action  arises  from  the
failure  to  make  payment  on  goods and/or services to a person who is
lawfully  engaged  in  the  business  of  providing  such  goods  and/or
services,  and  at  the time such goods and/or services were received by
the alleged debtor, such parties named in the summons were residents  of
the  same  county,  the  alleged debtor named therein as a defendant may
also be served in any adjoining county;  AND  (2)  WHERE  THE  CAUSE  OF
ACTION  ARISES  FROM  A  FAILURE TO COMPLY WITH A STATE OR LOCAL HOUSING
CODE VIOLATION, AND OWNER RESIDES WITHIN THE STATE, A DEFENDANT MAY ALSO
BE SERVED ANYWHERE WITHIN THE STATE.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03927-01-9

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