Senate Bill S4581

Signed By Governor
2011-2012 Legislative Session

Relates to time of service, time in which defect in form must be raised, copy of proposed amended pleading, and the time of voluntary discontinuances

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

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.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

2011-S4581 (ACTIVE) - Details

See Assembly Version of this Bill:
A7466
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §306-b, RR2101, 3025 & 3217, CPLR
Versions Introduced in 2009-2010 Legislative Session:
A8318

2011-S4581 (ACTIVE) - Summary

Relates to time of service, time in which defect in form must be raised, copy of proposed amended pleading, and the time of voluntary discontinuances.

2011-S4581 (ACTIVE) - Sponsor Memo

2011-S4581 (ACTIVE) - Bill Text download pdf

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

                                  4581

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 12, 2011
                               ___________

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 civil practice law and rules, in relation to the
  time of service, the time in which a defect in form must be raised,  a
  copy  of a proposed amended pleading and the time of voluntary discon-
  tinuances

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

  Section  1.  Section  306-b  of  the  civil practice law and rules, as
amended by chapter 473 of the laws  of  2001,  is  amended  to  read  as
follows:
  S  306-b.  Service  of the summons and complaint, summons with notice,
third-party summons and complaint, or petition with a notice of petition
or order to show cause. Service of the summons  and  complaint,  summons
with  notice,  third-party  summons  and  complaint,  or petition with a
notice of petition or order to show  cause  shall  be  made  within  one
hundred  twenty  days  after  the  [filing of the summons and complaint,
summons with notice, third-party summons  and  complaint,  or  petition]
COMMENCEMENT  OF THE ACTION OR PROCEEDING, provided that in an action or
proceeding, except a proceeding commenced under the election law,  where
the  applicable  statute  of limitations is four months or less, service
shall be made not later than fifteen days after the date  on  which  the
applicable  statute of limitations expires.  If service is not made upon
a defendant within the time provided in this section,  the  court,  upon
motion, shall dismiss the action without prejudice as to that defendant,
or  upon good cause shown or in the interest of justice, extend the time
for service.
  S 2. Subdivision (f) of rule 2101 of the civil practice law and  rules
is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09307-01-1

              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

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