senate Bill S6660

2011-2012 Legislative Session

Relates to the authority of a LLC to commence a commercial claim, action or proceeding under various court acts

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 30, 2012 referred to judiciary
delivered to assembly
passed senate
Mar 22, 2012 advanced to third reading
Mar 21, 2012 2nd report cal.
Mar 20, 2012 1st report cal.399
Mar 08, 2012 referred to judiciary

S6660 - Details

Law Section:
New York City Civil Court Act
Laws Affected:
Amd §§1801-A & 1809-A, NYC Civ Ct Act; amd §§1801-A & 1809-A, UDCA; amd §§1801-A & 1809-A, UCCA

S6660 - Summary

Relates to the authority of a limited liability company to commence a commercial claim, action or proceeding.

S6660 - Sponsor Memo

S6660 - Bill Text download pdf

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

                                  6660

                            I N  S E N A T E

                              March 8, 2012
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed to the Committee on Judiciary

AN  ACT to amend the New York city civil court act, the uniform district
  court act and the uniform city court act, in relation to the authority
  of a limited liability company to commence a commercial  claim  action
  or proceeding

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

  Section 1. Subdivision (a) of section 1801-A  of  the  New  York  city
civil  court  act,  as  amended  by  chapter 435 of the laws of 1992, is
amended to read as follows:
  (a) The term "commercial claim" or "commercial claims" as used in this
article shall mean and include any cause of action for money only not in
excess of the maximum amount permitted for a small claim  in  the  small
claims part of the court, exclusive of interest and costs, provided that
subject  to the limitations contained in section eighteen hundred nine-A
of this article, the claimant is  a  corporation,  partnership,  LIMITED
LIABILITY  COMPANY  or  association[,] which has its principal office in
the state of New York and provided that the defendant either resides, or
has an office for the transaction of business or a  regular  employment,
within the city of New York.
  S  2. Section 1809-A of the New York city civil court act, as added by
chapter 653 of the laws of 1987, is amended to read as follows:
  S 1809-A. Procedures relating to corporations, associations,  insurers
and  assignees.   (a) Any corporation, including a municipal corporation
or public benefit corporation, partnership, LIMITED LIABILITY COMPANY or
association[,] which has its principal office in the city  of  New  York
and  an  assignee  of  any  commercial  claim may institute an action or
proceeding under this article.
  (b) No person or co-partnership, engaged directly or indirectly in the
business of collection and adjustment of  claims,  and  no  corporation,
LIMITED LIABILITY COMPANY or association, directly or indirectly, itself
or  by  or through its officers, agents or employees, shall solicit, buy

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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.