Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Apr 22, 2010 |
advanced to third reading cal.810 |
Apr 19, 2010 |
reported |
Mar 08, 2010 |
referred to codes |
Assembly Bill A10151
2009-2010 Legislative Session
Sponsored By
WEINSTEIN
Archive: Last Bill Status - On Floor Calendar
- 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-A10151 (ACTIVE) - Details
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §1008, CPLR
- Versions Introduced in 2011-2012 Legislative Session:
-
A624
2009-A10151 (ACTIVE) - Sponsor Memo
BILL NUMBER:A10151 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to assertable defenses of a third-party defendant PURPOSE OF BILL: The purpose of this bill is to prohibit a third-party defendant from asserting an objection or defense that the summons and complaint, summons with notice or notice of petition and petition was not properly served and, thus, to expressly overrule the recent decision in Charles v. Long Island College Hospital, 47 A.D.3d 665, 850 N.Y.S.2d 173 (2nd Dept. 2008). SUMMARY OF PROVISIONS OF BILL: This bill prohibits the assertion by a third party defendant of a service objection relating to the initiating pleadings in the main action. EXISTING LAW: In the answer a third-party defendant may, of course, assert any defense he or she may have against the defendant/third-party plaintiff. In addition, CPLR 1008, as currently drafted, permits a third-party defendant to assert "against the plaintiff in his answer any defenses which the third-party plaintiff has to the plaintiffs claim." This has been interpreted to include the defenses/objections referred to in CPLR 3018(b) and 3211(a), including the defense that the original initiating pleadings were not properly served.
2009-A10151 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10151 I N A S S E M B L Y March 8, 2010 ___________ Introduced by M. of A. WEINSTEIN -- read once and referred to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to assert- able defenses of a third-party defendant THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1008 of the civil practice law and rules is amended to read as follows: S 1008. Answer of third-party defendant; defenses. The third-party defendant shall answer the claim asserted against him OR HER by serving copies of his OR HER answer upon the third-party plaintiff. The third- party defendant may assert against the plaintiff in his OR HER answer any defenses which the third-party plaintiff has to the plaintiff's claim EXCEPT AN OBJECTION OR DEFENSE THAT THE SUMMONS AND COMPLAINT, SUMMONS WITH NOTICE OR NOTICE OF PETITION AND PETITION WAS NOT PROPERLY SERVED, OR THAT JURISDICTION WAS NOT OBTAINED OVER THE THIRD-PARTY PLAINTIFF. The third-party defendant shall have the rights of a party adverse to the other parties in the action, including the right to coun- ter-claim, cross-claim and appeal. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04779-02-0
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