Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to judiciary |
May 08, 2013 |
referred to judiciary |
Senate Bill S5072
2013-2014 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
2013-S5072 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6550
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §3018 & R3211, CPLR
2013-S5072 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5072 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to certain notices of claim, pleading an affirmative defense and making a motion to dismiss 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. This measure would amend CPLR 3018 and 3211 governing the practice requirements for responses to certain notices of claim as set forth below. Summary of Provisions: This measure would (1) require objections relating to the timeliness or manner of service or filing of a notice of claim to be pleaded as an affirmative defense, and (2) provide that any such objection is waived unless the party asserting it moves for dismissal within 90 days of serving his or her answer or other responsive pleading. In other words, the same "Use It or Lose It" rule that now applies to objections based upon alleged lack of personal jurisdiction and to alleged defects in service of process would be extended to procedural objections concerning the notice of claim, but with the difference
2013-S5072 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5072 2013-2014 Regular Sessions I N S E N A T E May 8, 2013 ___________ 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 certain notices of claim, pleading an affirmative defense and making a motion to dismiss THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (b) of section 3018 of the civil practice law and rules, as amended by chapter 504 of the laws of 1980, is amended to read as follows: (b) Affirmative defenses. A party shall plead all matters which if not pleaded would be likely to take the adverse party by surprise or would raise issues of fact not appearing on the face of a prior pleading such as arbitration and award, collateral estoppel, culpable conduct claimed in diminution of damages as set forth in article fourteen-A OF THIS CHAPTER, discharge in bankruptcy, facts showing illegality either by statute or common law, fraud, infancy or other disability of the party defending, payment, release, res judicata, statute of frauds, or statute of limitation, OR FAILURE TO SERVE A NOTICE OF CLAIM OR FAILURE TO PROP- ERLY OR TIMELY SERVE A NOTICE OF CLAIM. The application of this subdivi- sion shall not be confined to the instances enumerated. S 2. Subdivisions (a) and (e) of rule 3211 of the civil practice law and rules, paragraph 5 of subdivision (a) as amended by judicial confer- ence proposal number 6 for the year 1964, paragraph 11 of subdivision (a) as amended by chapter 656 of the laws of 1991 and subdivision (e) as amended by chapter 616 of the laws of 2005, are amended to read as follows: (a) Motion to dismiss cause of action. A party may move for judgment dismissing one or more causes of action asserted against him OR HER on the ground that: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09835-01-3
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