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Assembly Bill A6640

2009-2010 Legislative Session

Provides for validity of service of process in certain circumstances

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-A6640 (ACTIVE) - Details

See Senate Version of this Bill:
S6649
Current Committee:
Senate Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง308, CPLR
Versions Introduced in Other Legislative Sessions:
2011-2012: A4928
2013-2014: A4307

2009-A6640 (ACTIVE) - Summary

Provides that when two certain acts of service have been attempted and one of the two acts has been validly effected, it shall be sufficient to sustain the service if it is shown that the defendant actually has received process.

2009-A6640 (ACTIVE) - Bill Text download pdf 

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

                                  6640

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2009
                               ___________

Introduced  by  M.  of  A.  BRENNAN,  POWELL, ESPAILLAT -- read once and
  referred to the Committee on Codes

AN ACT to amend the civil practice law and rules,  in  relation  to  the
  validity of service of process in certain circumstances

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

  Section 1. Section 308 of the civil practice law and rules is  amended
by adding a new closing paragraph to read as follows:
  WHERE BOTH ACTS OF SERVICE PURSUANT TO SUBDIVISION TWO OR FOUR OF THIS
SECTION  HAVE  BEEN  ATTEMPTED,  AND  ONE  OF  THE  TWO  ACTS OF SERVICE
PRESCRIBED UNDER EITHER SUBDIVISION TWO OR FOUR OF THIS SECTION HAS BEEN
VALIDLY EFFECTED, IT SHALL BE SUFFICIENT TO SUSTAIN THE SERVICE IF IT IS
SHOWN THAT THE DEFENDANT ACTUALLY HAS RECEIVED PROCESS.
  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 only apply
to actions and proceedings commenced on or after such date.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06368-01-9

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