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Assembly Bill A4836

2011-2012 Legislative Session

Relates to voluntary discontinuances when responsive pleadings are not required

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2011-A4836 (ACTIVE) - Details

Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R3217, CPLR
Versions Introduced in 2009-2010 Legislative Session:
A3515

2011-A4836 (ACTIVE) - Summary

Extends the time period in which a voluntary discontinuance of a civil action may be obtained without the need for a court order or stipulation of settlement; gives flexibility to parties who may want to settle claims early in the litigation process or before the lawsuit actually begins.

2011-A4836 (ACTIVE) - Bill Text download pdf 

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

                                  4836

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2011
                               ___________

Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
  tee on Codes

AN ACT to amend the civil practice law and rules, in relation to  volun-
  tary discontinuances

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

  Section 1. Paragraph 1 of subdivision (a) of rule 3217  of  the  civil
practice  law  and rules, as amended by chapter 736 of the laws of 1989,
is amended to read as follows:
  1. by serving upon all parties to the action a  notice  of  discontin-
uance  at  any  time  before  a  responsive pleading is served or, IF NO
RESPONSIVE PLEADING IS REQUIRED, within twenty days after service of the
pleading asserting the claim, [whichever is  earlier,]  and  filing  the
notice with proof of service with the clerk of the court; or
  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.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05758-01-1

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