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Assembly Bill A7415

2009-2010 Legislative Session

Requires certain property owners who reside outside of the state to designate the secretary of state to be the agent upon whom summons may be served

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Archive: Last Bill Status - In Assembly Committee

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2009-A7415 (ACTIVE) - Details

See Senate Version of this Bill:
S2840
Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §308, add §§308-a & 311-b, CPLR

2009-A7415 (ACTIVE) - Summary

Requires property owners who are natural persons, own more than one residential property within certain cities and reside outside of the state to designate the secretary of state to be the agent upon whom summons may be served; and requires property owners who are non-domiciliaries or unauthorized foreign corporations which own more than one residential property within certain cities to designate the secretary of state to be the agent upon whom summons may be served.

2009-A7415 (ACTIVE) - Bill Text download pdf 

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

                                  7415

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              April 6, 2009
                               ___________

Introduced  by  M. of A. HOYT -- read once and referred to the Committee
  on Codes

AN ACT to amend the civil practice law and rules, in relation to service
  of process on certain property owners who reside outside of the state

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

  Section  1. Subdivision 3 of section 308 of the civil practice law and
rules, as amended by chapter 765 of the laws of 1974, is amended to read
as follows:
  3. by delivering the summons within the state to the agent for service
of the person to be served as designated under rule 318, except  in:  A.
matrimonial  actions  where service hereunder may be made pursuant to an
order made in accordance with the provisions of subdivision a of section
two hundred thirty-two of the domestic relations law; OR
  B. BUSINESS ACTIONS, COMMENCED WITHIN ANY CITY WITH  A  POPULATION  OF
MORE  THAN TWO HUNDRED NINETY THOUSAND BUT LESS THAN THREE HUNDRED THOU-
SAND ACCORDING TO THE TWO  THOUSAND  FEDERAL  CENSUS,  WHERE  A  NATURAL
PERSON  WHO  IS  A REAL PROPERTY OWNER, RESIDES OUTSIDE OF THE STATE AND
WHO OWNS MORE THAN ONE RESIDENTIAL PROPERTY WITHIN SUCH CITY, HAS DESIG-
NATED THE SECRETARY OF STATE TO RECEIVE SUCH PROCESS PURSUANT TO SECTION
THREE HUNDRED EIGHT-A OF THIS ARTICLE;
  S 2. The civil practice law and rules  is  amended  by  adding  a  new
section 308-a to read as follows:
  S 308-A. PERSONAL SERVICE UPON A PROPERTY OWNER WHO RESIDES OUTSIDE OF
THE STATE; WITHIN CERTAIN CITIES. 1. THE SECRETARY OF STATE SHALL BE THE
AGENT  OF  EVERY  NATURAL  PERSON WHO IS A PROPERTY OWNER, WITHIN A CITY
WITH A POPULATION OF MORE THAN TWO HUNDRED NINETY THOUSAND BUT LESS THAN
THREE HUNDRED THOUSAND ACCORDING TO THE  TWO  THOUSAND  FEDERAL  CENSUS,
UPON WHOM PROCESS AGAINST SUCH PERSON MAY BE SERVED.
  2.  NO  DEED  FROM  A  NATURAL PERSON WHO IS A PROPERTY OWNER SHALL BE
RECORDED, WITHIN A CITY WITH A POPULATION OF MORE THAN TWO HUNDRED NINE-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09461-01-9

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