assembly Bill A7206

2011-2012 Legislative Session

Relates to the time for making a motion to dismiss for failure to state a cause of action and motion for summary judgment

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to judiciary
Apr 15, 2011 referred to judiciary

A7206 - Details

See Senate Version of this Bill:
S4595
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd RR3211 & 3212, CPLR

A7206 - Summary

Relates to the time for making a motion to dismiss for failure to state a cause of action and motion for summary judgment

A7206 - Bill Text download pdf

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

                                  7206

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 15, 2011
                               ___________

Introduced  by  M.  of  A.  BRAUNSTEIN,  WEINSTEIN -- (at request of the
  Office of Court Administration) --  read  once  and  referred  to  the
  Committee on Judiciary

AN  ACT  to  amend  the civil practice law and rules, in relation to the
  time for the making of a motion to dismiss  for  failure  to  state  a
  cause of action and motion for summary judgment

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

  Section 1. Subdivision (e) of rule 3211 of the civil practice law  and
rules, as amended by chapter 616 of the laws of 2005, is amended to read
as follows:
  (e)  Number,  time  and  waiver  of objections; motion to [plead over]
REPLEAD OR AMEND. At any time before service of the responsive  pleading
is required, a party may move on one or more of the grounds set forth in
subdivision  (a),  and  no more than one such motion shall be permitted.
Any objection or defense based upon a ground  set  forth  in  paragraphs
one,  three,  four,  five  and  six  of subdivision (a) is waived unless
raised either by such motion or in the  responsive  pleading.  A  motion
based upon a ground specified in paragraph two[, seven] or ten of subdi-
vision (a) may be made at any subsequent time or in a later pleading, if
one is permitted[; an].  A GROUND SPECIFIED IN PARAGRAPH SEVEN OF SUBDI-
VISION  (A)  OF  THIS SECTION MAY BE ASSERTED IN A LATER PLEADING, OR BY
MOTION IF PERMITTED, OR BY A DATE SET BY THE COURT BY AN ORDER  MADE  IN
THE ACTION, OR, IF NO SUCH DATE IS SET, NO LATER THAN ONE HUNDRED TWENTY
DAYS  AFTER THE FILING OF THE NOTE OF ISSUE; PROVIDED, HOWEVER, THAT THE
DEADLINE FOR MAKING SUCH MOTION MAY BE EXTENDED BY THE COURT, UPON  GOOD
CAUSE  SHOWN,  IN  THE INTEREST OF JUSTICE OR WITH THE CONSENT OF ALL OF
THE PARTIES. UNLESS THE COURT ORDERS OTHERWISE, THE GRANTING OF A MOTION
UNDER PARAGRAPH SEVEN OF SUBDIVISION (A) OF THIS SECTION SHALL NOT BAR A
MOTION TO REPLEAD OR AMEND. AN objection that the summons and complaint,
summons with notice, or notice of petition and petition was not properly

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09310-01-1

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