Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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---|---|
May 08, 2012 | referred to judiciary delivered to senate passed assembly |
Jan 04, 2012 | ordered to third reading cal.106 returned to assembly died in senate |
May 10, 2011 | referred to judiciary delivered to senate passed assembly |
Mar 10, 2011 | advanced to third reading cal.105 |
Mar 08, 2011 | reported |
Jan 18, 2011 | referred to codes |
Archive: Last Bill Status - Passed Assembly
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Your Voice
Actions
Co-Sponsors
Jose Rivera
Brian Kavanagh
Multi-Sponsors
"William Boyland
Richard Gottfried
A2334 (ACTIVE) - Details
- See Senate Version of this Bill:
- S5327
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd ยง902, CPLR
- Versions Introduced in Other Legislative Sessions:
-
2009-2010: A5019, S5394
2013-2014: A6871, S4949
2015-2016: A2191
2017-2018: A3181
2019-2020: A2446
2021-2022: A6501
2023-2024: A4721
A2334 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2334 2011-2012 Regular Sessions I N A S S E M B L Y January 18, 2011 ___________ Introduced by M. of A. P. RIVERA, J. RIVERA, KAVANAGH -- Multi-Sponsored by -- M. of A. BOYLAND, GOTTFRIED -- read once and referred to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to certif- ication of class actions in cases involving governmental operations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 902 of the civil practice law and rules, as amended by chapter 474 of the laws of 1975, is amended to read as follows: S 902. Order allowing class action. Within sixty days after the time to serve a responsive pleading has expired for all persons named as defendants in an action brought as a class action, the plaintiff shall move for an order to determine whether it is to be so maintained. An order under this section may be conditional, and may be altered or amended before the decision on the merits on the court's own motion or on motion of the parties. The action may be maintained as a class action only if the court finds that the prerequisites under section 901 have been satisfied. Among the matters which the court shall consider in determining whether the action may proceed as a class action are: 1. the interest of members of the class in individually controlling the prosecution or defense of separate actions; 2. the impracticability or inefficiency of prosecuting or defending separate actions; 3. the extent and nature of any litigation concerning the controversy already commenced by or against members of the class; 4. the desirability or undesirability of concentrating the litigation of the claim in the particular forum; 5. the difficulties likely to be encountered in the management of a class action. HOWEVER, A COURT SHALL NOT DENY OR WITHHOLD CLASS CERTIFICATION SOLELY BECAUSE THE ACTION INVOLVES GOVERNMENTAL OPERATIONS. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.