BILL NUMBER:A10194
TITLE OF BILL: An act to amend the civil practice law and rules, in
relation to requiring pleadings in actions arising from the conduct of a
business required to be licensed by the state to set forth in the plead-
ings that the business was licensed at the time the cause of action
arose
PURPOSE OF THE BILL: This bill would require that a business must be
licensed at the time of services rendered and must disclose the licens-
ing agency in a pleading.
SUMMARY OF PROVISIONS: Section of the bill amends subdivision e of rule
3015 of the civil practice law and rules as it relates to the license to
do business as part of a pleading. Section one amends 3015(e) by remov-
ing the language requiring that a business be licensed at the commence-
ment of action. It only requires that a business be duly licensed at
the-time of services rendered.
Section 2 of the bill relates to the effective date.
JUSTIFICATION: In order to bring an action for payment of lawfully owed
fees a business not only must plead that it was lawfully licensed at the
time the work was performed but throughout the duration of the action.
Legal actions can take years. This has the effect of preventing a
contractor or builder who has retired or had to close their business
S T A T E O F N E W Y O R K
________________________________________________________________________
10194
I N A S S E M B L Y
March 10, 2010
___________
Introduced by M. of A. ZEBROWSKI, BOYLAND, CRESPO, FIELDS, HOOPER, REIL-
LY, JAFFEE -- Multi-Sponsored by -- M. of A. CAHILL, DINOWITZ, JOHN,
MARKEY, PHEFFER, SKARTADOS -- read once and referred to the Committee
on Codes
AN ACT to amend the civil practice law and rules, in relation to requir-
ing pleadings in actions arising from the conduct of a business
required to be licensed by the state to set forth in the pleadings
that the business was licensed at the time the cause of action arose
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (e) of rule 3015 of the civil practice law and
rules, as amended by chapter 465 of the laws of 1996, is amended to read
as follows:
(e) License to do business. Where the plaintiff's cause of action
against a consumer arises from the plaintiff's conduct of a business
which is required by state or local law to be licensed by the department
of consumer affairs of the city of New York, the Suffolk county depart-
ment of consumer affairs, the Westchester county department of consumer
affairs/weight-measures, the county of Rockland, the county of Putnam or
the Nassau county department of consumer affairs, the complaint shall
allege, as part of the cause of action, that plaintiff [is] WAS duly
licensed AT THE TIME OF SERVICES RENDERED and shall contain the name and
number, if any, of such license and the governmental agency which issued
such license[; provided, however, that where the plaintiff does not have
a license at the commencement of the action the plaintiff may, subject
to the provisions of rule thirty hundred twenty-five of this article,
amend the complaint with the name and number of an after-acquired
license and the name of the governmental agency which issued such
license or move for leave to amend the complaint in accordance with such
provisions. The failure of the plaintiff to comply with this subdivision
will permit the defendant to move for dismissal pursuant to paragraph
seven of subdivision (a) of rule thirty-two hundred eleven of this chap-
ter].
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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