Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 04, 2012 |
referred to judiciary |
Apr 13, 2011 |
referred to judiciary |
Senate Bill S4595
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- 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
Actions
2011-S4595 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7206
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd R3211 & R3212, CPLR
2011-S4595 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4595 TITLE OF BILL: 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 This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Civil Practice. A motion to dismiss, authorized by CPLR rule 3211, and a motion for summary judgment, authorized by rule 3212, are two of the most important mechanisms in civil practice for resolving those cases where a trial is not necessary or for narrowing the issues that need to be tried. They are intended to serve the important purpose of avoiding unnecessary trials, thereby benefitting both the litigants and the courts. By chapter 492 of the Laws of 1996, the Legislature amended CPLR 3212(a) to provide that a motion for summary judgment shall be made within the time set by the court or, if no such time is set, "no later than one hundred twenty days after the filing of the note of issue, except with leave of court on good cause shown." The purpose of this amendment was to prevent the late filing of motions for summary judgment, often made on the eve of trial . and resulting
2011-S4595 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4595 2011-2012 Regular Sessions I N S E N A T E April 13, 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 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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