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Assembly Bill A6562

2009-2010 Legislative Session

Permits motions for summary judgment to be made after the defendant has appeared in an action

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Archive: Last Bill Status - In Assembly Committee

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2009-A6562 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd RR3212 & 3211, CPLR

2009-A6562 (ACTIVE) - Summary

Permits motions for summary judgement to be made after the defendant has appeared in an action by answer or motion or after the expiration of the time for such defendant's appearance, where the defendant has not appeared, whichever is earlier.

2009-A6562 (ACTIVE) - Bill Text download pdf 

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

                                  6562

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2009
                               ___________

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

AN ACT to amend the civil practice law and rules, in relation to summary
  judgment procedure

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

  Section 1. Subdivision (a) of rule 3212 of the civil practice law  and
rules, as amended by chapter 492 of the laws of 1996, is amended to read
as follows:
  (a)  Time; kind of action.  Any party may move for summary judgment in
any action, after [issue has been joined]  THE  EARLIER  OF  DEFENDANT'S
APPEARANCE BY ANSWER OR MOTION OR THE EXPIRATION OF THE TIME FOR DEFEND-
ANT'S APPEARANCE SET FORTH IN RULE THREE HUNDRED TWENTY OF THIS CHAPTER,
WHERE  THE  DEFENDANT HAS NOT APPEARED; provided however, that the court
may set a date after which no such motion may be made, such  date  being
no earlier than thirty days after the filing of the note of issue. If no
such  date  is set by the court, such motion shall be made no later than
one hundred twenty days after the filing of the note  of  issue,  except
with  leave  of court on good cause shown. A MOTION FOR SUMMARY JUDGMENT
MAY NOT BE MADE BY CROSS MOTION EXCEPT  IN  RESPONSE  TO  A  MOTION  FOR
SUMMARY  JUDGMENT  OR  A  MOTION PERMITTED UNDER SUBDIVISION (A) OF RULE
THIRTY-TWO HUNDRED ELEVEN OF THIS ARTICLE THAT IS SERVED AFTER ISSUE  IS
JOINED.
  S  2. Subdivision (f) of rule 3211 of the civil practice law and rules
is amended to read as follows:
  (f)  Extension of time to plead.   [Service] UNLESS THE  COURT  ORDERS
OTHERWISE, SERVICE of a notice of motion under subdivision (a) or (b) OF
THIS RULE before service of a pleading responsive to the cause of action
or defense sought to be dismissed, OR SERVICE OF A MOTION UNDER SUBDIVI-
SION  (A)  OF  RULE  THIRTY-TWO  HUNDRED TWELVE OF THIS ARTICLE PRIOR TO
JOINDER OF ISSUE extends the time to serve the pleading until  ten  days

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09267-01-9

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