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Assembly Bill A3515

2009-2010 Legislative Session

Relates to voluntary discontinuances when responsive pleadings are not required

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-A3515 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R3217, CPLR
Versions Introduced in 2011-2012 Legislative Session:
A4836

2009-A3515 (ACTIVE) - Summary

Extends the time period in which a voluntary discontinuance of a civil action may be obtained without the need for a court order or stipulation of settlement; gives flexibility to parties who may want to settle claims early in the litigation process or before the lawsuit actually begins.

2009-A3515 (ACTIVE) - Bill Text download pdf 

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

                                  3515

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced by M. of A. GIANARIS -- read once and referred to the Commit-
  tee on Codes

AN  ACT to amend the civil practice law and rules, in relation to volun-
  tary discontinuances

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

  Section  1.  Paragraph  1 of subdivision (a) of rule 3217 of the civil
practice law and rules, as amended by chapter 736 of the laws  of  1989,
is amended to read as follows:
  1.  by  serving  upon all parties to the action a notice of discontin-
uance at any time before a responsive  pleading  is  served  or,  IF  NO
RESPONSIVE PLEADING IS REQUIRED, within twenty days after service of the
pleading  asserting  the  claim,  [whichever is earlier,] and filing the
notice with proof of service with the clerk of the court; or
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05528-01-9

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