S T A T E O F N E W Y O R K
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6131
2009-2010 Regular Sessions
I N A S S E M B L Y
February 25, 2009
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Introduced by M. of A. SCHIMMINGER -- read once and referred to the
Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to simpli-
fied case resolution; and providing for the repeal of such provisions
upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The civil practice law and rules is amended by adding a new
article 30-A to read as follows:
ARTICLE 30-A
PROCEDURES FOR SIMPLIFIED CASE RESOLUTION
3050. SIMPLIFIED CASE RESOLUTION; WHERE AUTHORIZED.
3051. COMMENCEMENT OF ACTION; PLEADINGS.
3052. PRELIMINARY PROCEEDINGS.
3053. DISPOSITIONAL CONFERENCES.
3054. APPEAL.
3055. WAIVER OF JURY TRIAL.
3056. RULES.
S 3050. SIMPLIFIED CASE RESOLUTION; WHERE AUTHORIZED. THE PROCEDURES
AUTHORIZED BY THIS ARTICLE SHALL BE AVAILABLE IN AN ACTION FOR MONEY
ONLY, WITH THE EXCEPTION OF ACTIONS TO RECOVER DAMAGES FOR PERSONAL
INJURY, INJURY TO PROPERTY OR WRONGFUL DEATH, PROVIDED:
(A) THE AMOUNT SOUGHT TO BE RECOVERED DOES NOT EXCEED SEVENTY-FIVE
THOUSAND DOLLARS, EXCLUSIVE OF INTEREST AND COSTS; AND
(B) THE ACTION IS COMMENCED IN A COUNTY THAT THE CHIEF ADMINISTRATOR
OF THE COURTS, WITH THE ADVICE AND CONSENT OF THE ADMINISTRATIVE BOARD,
HAS DESIGNATED AS A COUNTY IN WHICH SUCH PROCEDURES MAY BE UTILIZED.
S 3051. COMMENCEMENT OF ACTION; PLEADINGS. (A) 1. A PLAINTIFF WHO
ELECTS TO USE THE PROCEDURES AUTHORIZED BY THIS ARTICLE SHALL COMMENCE
AN ACTION BY FILING A SUMMONS AND COMPLAINT IN ACCORDANCE WITH THIS
SECTION AND SECTION THREE HUNDRED FOUR OF THIS CHAPTER. THE SUMMONS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09247-01-9
A. 6131 2
SHALL PROMINENTLY DISPLAY AT THE TOP THEREOF THE WORDS "NOTICE: THIS
ACTION IS BROUGHT UNDER THE NEW YORK SIMPLIFIED CASE RESOLUTION PROCE-
DURE, AS SET FORTH IN THE CIVIL PRACTICE LAW AND RULES ARTICLE THIRTY-A.
IF YOU DO NOT AFFIRMATIVELY EXERCISE YOUR RIGHT NOT TO USE THIS PROCE-
DURE BY SERVING A "NOTICE OF ELECTION NOT TO PROCEED UNDER ARTICLE THIR-
TY-A" WITHIN THE TIME REQUIRED FOR YOU TO FILE YOUR APPEARANCE IN THIS
ACTION, YOU WILL WAIVE YOUR RIGHTS TO A JURY TRIAL, CERTAIN PRE-TRIAL
DISCLOSURE OF RELEVANT DOCUMENTS AND INFORMATION, AND CERTAIN RIGHTS TO
PRESENT EVIDENCE AND APPEAL AN ADVERSE DETERMINATION."
2. WITHIN THE TIME REQUIRED FOR AN APPEARANCE, THE DEFENDANT MAY SERVE
"NOTICE OF ELECTION NOT TO PROCEED UNDER ARTICLE THIRTY-A"; PROVIDED,
HOWEVER, THE TIME TO SERVE NOTICE OF ELECTION NOT TO PROCEED MAY BE
EXTENDED EITHER BY STIPULATION OR UPON APPLICATION TO THE COURT UPON A
SHOWING OF REASONABLE CAUSE FOR THE EXTENSION. WHEN A "NOTICE OF
ELECTION NOT TO PROCEED UNDER ARTICLE THIRTY-A" IS SERVED, THE CASE
SHALL PROCEED UNDER OTHER APPLICABLE PROVISIONS OF THIS CHAPTER WITHOUT
REFERENCE TO THIS ARTICLE.
(B) ALL PLEADINGS IN AN ACTION UNDER THIS ARTICLE SHALL HAVE ATTACHED
THERETO AVAILABLE DOCUMENTARY PROOF IN SUPPORT OF THE ALLEGATIONS
CONTAINED THEREIN, AND MAY INCLUDE AFFIDAVITS BY PERSONS HAVING KNOW-
LEDGE OF THE MATERIAL FACTS, AND A STATEMENT OF THE ATTORNEY OF CONTROL-
LING LEGAL AUTHORITY AND LEGAL ARGUMENT THAT IS ALLEGED TO BE DISPOSI-
TIVE OF ONE OR MORE ISSUES IN THE ACTION.
(C) PRE-ANSWER MOTIONS ARE NOT PERMITTED, BUT MATTERS APPROPRIATE FOR
SUCH MOTIONS MAY BE RAISED AT THE PRELIMINARY CONFERENCE.
S 3052. PRELIMINARY PROCEEDINGS. THERE SHALL BE A PRELIMINARY CONFER-
ENCE IN AN ACTION NOT LATER THAN NINETY DAYS AFTER ISSUE IS JOINED. IT
SHALL BE SCHEDULED BY THE COURT ON AT LEAST TWENTY DAYS' NOTICE TO THE
PARTIES AND, UNLESS THE COURT DIRECTS OTHERWISE, IT SHALL BE HELD BY
TELEPHONE OR VIDEO CONFERENCE CALL. THE PURPOSES OF THE PRELIMINARY
CONFERENCE SHALL INCLUDE, BUT NOT BE LIMITED TO, ENCOURAGING SETTLEMENT,
SIMPLIFYING OR LIMITING ISSUES, ESTABLISHING A TIMETABLE FOR THE PROMPT
COMPLETION OF ANY ADDITIONAL PROCEEDINGS THAT ARE REQUIRED AND, GENERAL-
LY, TO ENSURING THE JUST, SPEEDY, AND INEXPENSIVE DETERMINATION OF THE
ACTION. IN FURTHERANCE OF THESE PURPOSES, THE COURT BY A JUDGE
PERSONALLY ACTING, AT SUCH PRELIMINARY CONFERENCE OR AT ANY TIME THERE-
AFTER, MAY:
(A) ORDER OR PERMIT ANY PARTY TO SERVE AN ADDITIONAL OR AMENDED PLEAD-
ING;
(B) DIRECT AND, WHERE APPROPRIATE, LIMIT PRE-TRIAL DISCLOSURE AUTHOR-
IZED BY ARTICLE THIRTY-ONE OF THIS CHAPTER, AND THE TAKING OF THE TESTI-
MONY OF ANY PERSON, WHICH MAY BE BY VIDEO DEPOSITION;
(C) DIRECT IN AN APPROPRIATE CASE THE TESTIMONY AND EXAMINATION OF ANY
PERSON AT THE DISPOSITIONAL CONFERENCE;
(D) CLARIFY AND DEFINE THE ISSUES TO BE DETERMINED;
(E) CONSOLIDATE THE ACTION WITH ANOTHER ACTION OR SEVER ONE OR MORE
CLAIMS IN THE ACTION, AS APPROPRIATE, IN ACCORDANCE WITH ARTICLE SIX OF
THIS CHAPTER; PROVIDED THAT ANY PARTY TO AN ACTION IN WHICH THERE IS
ASSERTED A COUNTERCLAIM SEEKING DAMAGES IN EXCESS OF SEVENTY-FIVE THOU-
SAND DOLLARS, EXCLUDING INTEREST AND COSTS, SHALL BE ENTITLED TO SEVER-
ANCE OF SUCH COUNTERCLAIM UPON APPLICATION THEREFOR AND NO JUDGMENT
SHALL BE AWARDED IN THE ACTION AUTHORIZED BY THIS ARTICLE UNTIL FINAL
RESOLUTION OF THE SEVERED COUNTERCLAIM;
(F) GRANT A MOTION FOR OR RENDER JUDGMENT IN FAVOR OF ANY PARTY ON THE
BASIS OF THE PLEADINGS AND PROOFS PRESENTED;
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(G) ORDER THAT THE PROCEDURES AUTHORIZED BY THIS ARTICLE NOT BE AVAIL-
ABLE IN THE ACTION; AND
(H) SCHEDULE A DISPOSITIONAL CONFERENCE TO BE HELD IN SUCH ACTION NOT
LATER THAN NINE MONTHS FROM THE FILING OF THE COMPLAINT.
S 3053. DISPOSITIONAL CONFERENCES. (A) AT LEAST SEVEN, BUT NOT MORE
THAN FOURTEEN DAYS PRIOR TO THE DATE OF THE DISPOSITIONAL CONFERENCE,
EACH PARTY SHALL FILE A WRITTEN SUBMISSION RECITING THE PARTY'S FINAL
OFFER OF SETTLEMENT OR DISPOSITION AND A BRIEF STATEMENT OF THE REASONS
WHY SETTLEMENT OR DISPOSITION OF THE ACTION IN ACCORDANCE WITH THE TERMS
OF SUCH OFFER WOULD BE JUST.
(B) AT THE DISPOSITIONAL CONFERENCE, THE COURT BY A JUDGE PERSONALLY
SHALL HEAR ARGUMENT, RENDER A DECISION IN WRITING OR ON THE RECORD, AND
AWARD JUDGMENT IN ACCORDANCE WITH THE RULES AND PRINCIPLES OF SUBSTAN-
TIVE LAW. SUCH AWARD MAY INCLUDE INTEREST AND COSTS, AS APPROPRIATE.
(C) ANY AWARD OF JUDGMENT MADE BY A COURT IN ACCORDANCE WITH THIS
SECTION SHALL PROMPTLY BE SERVED UPON THE PARTIES. IT SHALL CONSTITUTE A
JUDGMENT FOR ALL PURPOSES UNDER THIS CHAPTER.
S 3054. APPEAL. EXCEPT FOR AN APPEAL TO THE COURT OF APPEALS AS MAY BE
AUTHORIZED BY LAW, THERE SHALL BE NO APPEAL FROM ANY ORDER OR JUDGMENT
IN AN ACTION SUBJECT TO THE PROCEDURES AUTHORIZED BY THIS ARTICLE,
EXCEPT THAT A PARTY MAY TAKE AN APPEAL IN ACCORDANCE WITH THE PROVISIONS
OF THIS CHAPTER:
(A) AS OF RIGHT FROM AN ORDER GRANTING A MOTION FOR JUDGMENT OR
DISMISSAL OF THE ACTION OR ANY AWARD OF FINAL JUDGMENT FOLLOWING THE
DISPOSITIONAL CONFERENCE, ON THE SOLE GROUNDS THAT: THE DISPOSITION
EITHER LACKS A RATIONAL FOUNDATION SO AS TO BE ARBITRARY AND CAPRICIOUS
OR IS THE RESULT OF A MISTAKE OF LAW; THE JUDGE'S FAILURE TO FOLLOW THE
PROCEDURES AUTHORIZED BY THIS ARTICLE MATERIALLY PREJUDICED A SUBSTAN-
TIAL RIGHT OF A PARTY, OR
(B) BY PERMISSION OF THE COURT FROM OR TO WHICH SUCH APPEAL IS TAKEN,
IN ANY OTHER CASE.
S 3055. WAIVER OF JURY TRIAL. ANY PARTY TO AN ACTION WHICH IS HEARD
AND DETERMINED IN ACCORDANCE WITH THE PROCEDURES AUTHORIZED BY THIS
ARTICLE SHALL BE DEEMED TO HAVE WAIVED A TRIAL BY JURY OF ANY AND ALL
CLAIMS ASSERTED IN SUCH ACTION.
S 3056. RULES. THE CHIEF ADMINISTRATOR OF THE COURTS, WITH THE ADVICE
AND CONSENT OF THE ADMINISTRATIVE BOARD OF THE COURTS, MAY PROMULGATE
SUCH RULES, NOT INCONSISTENT WITH THIS ARTICLE, AS MAY BE NECESSARY FOR
THE EFFECTIVE IMPLEMENTATION OF THIS ARTICLE.
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 and shall apply to
actions commenced on or after such date until December 31 of the third
calendar year following the effective date when, upon such date the
provisions of this act shall be deemed repealed, but it shall apply to
any proceedings commenced by filing a summons and complaint on or before
such date.