Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 18, 2014 |
referred to codes delivered to assembly passed senate ordered to third reading cal.1508 committee discharged and committed to rules |
Jan 08, 2014 |
referred to judiciary |
Senate Bill S6128
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Assembly 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
Votes
2013-S6128 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A808
- Current Committee:
- Assembly Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd R3212, CPLR
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
A6693
2011-2012: A8053
2015-2016: A3217
2017-2018: A5389
2019-2020: A4006
2021-2022: A9211
2023-2024: A880
2013-S6128 (ACTIVE) - Sponsor Memo
BILL NUMBER:S6128 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to motions for summary judgment PURPOSE OF GENERAL IDEA OF BILL: The purpose of this bill is to solve what has become a vexing and frustrating problem encountered by many attorneys: how to determine which deadline for a summary judgment motion applies to a given case. JUSTIFICATION: CPLR 3212 (a) was amended by Chapter 492 of the Laws of 1996 in an effort to curtail abusive motion practice, in which a motion for summary judgment was often made immediately before trial, resulting in unwarranted delay. A principal difficulty, which has now arisen as a result of the 1996 amendments, stems from the undefined term "the court." At present, deviations from the 120-day post-Note-of-Issue ("Nor) default deadline may be found in County rules, part rules, individual judge's rules, and decisions within each case. The information, where published, is difficult to locate and may not be up-to-date. Since the Court of Appeals' decision in Brill v City of New York, 2 NY3d 648 (2004) held that a failure to comply with the applicable rule renders the motion fatally defective, absent "good cause" shown for the delay, this legislation is needed to make identification of and
2013-S6128 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6128 I N S E N A T E (PREFILED) January 8, 2014 ___________ Introduced by Sen. DeFRANCISCO -- 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 motions for summary judgment THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (a) of rule 3212 of the civil practice law and rules, as amended by chapter 492 of the laws of 1996, is amended to read as follows: (a) Time; kind of action. Any party may move for summary judgment in any action, after issue has been joined; provided however, that the court BY ORDER SPECIFIC TO THE CASE may set a date after which no such motion may be made, such date being no earlier than thirty days after the filing of the note of issue. If no such date is set by the court, such motion shall be made no later than one hundred twenty days after the filing of the note of issue, except with leave of court on good cause shown. S 2. This act shall take effect immediately and shall apply to all actions pending or commenced on and after such effective date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03858-01-3
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