senate Bill S1478A

2013-2014 Legislative Session

Relates to presumption of dismissal of residential mortgage foreclosure actions for repeated plaintiff non-appearance or failure to meet readiness deadlines

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 24, 2014 print number 1478a
amend and recommit to judiciary
Jan 08, 2014 referred to judiciary
Jan 09, 2013 referred to judiciary

Co-Sponsors

view additional co-sponsors

S1478 - Details

See Assembly Version of this Bill:
A2779A
Current Committee:
Law Section:
Judiciary Law
Laws Affected:
Amd §212, Judy L; amd R3408, CPLR
Versions Introduced in Previous Legislative Sessions:
2011-2012: S442
2009-2010: S7798A

S1478 - Summary

Relates to presumption of dismissal of residential mortgage foreclosure actions for repeated plaintiff non-appearance or failure to meet readiness deadlines.

S1478 - Sponsor Memo

S1478 - Bill Text download pdf

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

                                  1478

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  KRUEGER,  HOYLMAN,  MONTGOMERY  -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Judiciary

AN  ACT to amend the judiciary law and the civil practice law and rules,
  in relation to dismissal of residential mortgage  foreclosure  actions
  for  repeated failure by plaintiff to appear with authority to negoti-
  ate or to negotiate in good faith or meet other deadlines

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

  Section  1.  Subdivision  2  of  section  212  of the judiciary law is
amended by adding a new paragraph (s) to read as follows:
  (S) ADOPT RULES PROVIDING FOR CONSIDERATION OF AND WAIVER  OF  MOTIONS
TO  DISMISS  PURSUANT  TO  SUBDIVISION  (I)  OF RULE THREE THOUSAND FOUR
HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES, WHERE  THE  PLAINTIFF
IN A RESIDENTIAL FORECLOSURE ACTION PURSUANT TO SECTION THIRTEEN HUNDRED
FOUR  OF  THE  REAL  PROPERTY ACTIONS AND PROCEEDINGS LAW TWICE FAILS IN
SUCH AN ACTION TO MAKE AN APPEARANCE WITH  AUTHORITY  TO  NEGOTIATE  AND
EXECUTE  A SETTLEMENT OR TO NEGOTIATE IN GOOD FAITH OR TO MEET ANY DEAD-
LINE FOR THE PRODUCTION OF DOCUMENTS OR OTHER EVIDENCE REQUIRED BY  LAW,
BY COURT RULE, BY THE COURT OR BY STIPULATION.
  S  2.  Rule  3408  of  the  civil practice law and rules is amended by
adding a new subdivision (i) to read as follows:
  (I) WHERE A PLAINTIFF IN AN ACTION SUBJECT TO THIS SECTION TWICE FAILS
IN A SETTLEMENT CONFERENCE TO MAKE AN APPEARANCE WITH AUTHORITY TO NEGO-
TIATE AND EXECUTE A SETTLEMENT OR TO NEGOTIATE IN GOOD FAITH OR TO  MEET
ANY  DEADLINE FOR THE PRODUCTION OF DOCUMENTS OR OTHER EVIDENCE REQUIRED
BY LAW, BY COURT RULE, BY THE COURT OR BY STIPULATION, UPON  THE  SECOND
SUCH FAILURE THE DEFENDANT SHALL BE DEEMED TO MAKE A MOTION FOR AN ORDER
DISMISSING  SUCH  ACTION,  WITHOUT PREJUDICE, UNLESS THE DEFENDANT SHALL
WAIVE THE MAKING OF SUCH MOTION ON ADVICE OF COUNSEL BY  SIGNED  WRITING

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

Co-Sponsors

view additional co-sponsors

S1478A (ACTIVE) - Details

See Assembly Version of this Bill:
A2779A
Current Committee:
Law Section:
Judiciary Law
Laws Affected:
Amd §212, Judy L; amd R3408, CPLR
Versions Introduced in Previous Legislative Sessions:
2011-2012: S442
2009-2010: S7798A

S1478A (ACTIVE) - Summary

Relates to presumption of dismissal of residential mortgage foreclosure actions for repeated plaintiff non-appearance or failure to meet readiness deadlines.

S1478A (ACTIVE) - Sponsor Memo

S1478A (ACTIVE) - Bill Text download pdf

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

                                 1478--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  KRUEGER,  HASSELL-THOMPSON,  HOYLMAN, MONTGOMERY,
  PARKER, PERKINS -- read twice and ordered printed, and when printed to
  be committed to the Committee  on  Judiciary  --  recommitted  to  the
  Committee  on  Judiciary  in  accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT to amend the judiciary law and the civil practice law and rules,
  in relation to dismissal of residential mortgage  foreclosure  actions
  for  repeated failure by plaintiff to appear with authority to negoti-
  ate or to negotiate in good faith or meet other deadlines

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

  Section  1.  Subdivision  2  of  section  212  of the judiciary law is
amended by adding a new paragraph (t) to read as follows:
  (T) ADOPT RULES PROVIDING FOR CONSIDERATION OF AND WAIVER  OF  MOTIONS
TO  DISMISS  PURSUANT  TO  SUBDIVISION  (I)  OF RULE THREE THOUSAND FOUR
HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES, WHERE  THE  PLAINTIFF
IN A RESIDENTIAL FORECLOSURE ACTION PURSUANT TO SECTION THIRTEEN HUNDRED
FOUR  OF  THE  REAL  PROPERTY ACTIONS AND PROCEEDINGS LAW TWICE FAILS IN
SUCH AN ACTION TO MAKE AN APPEARANCE WITH  AUTHORITY  TO  NEGOTIATE  AND
EXECUTE  A SETTLEMENT OR TO NEGOTIATE IN GOOD FAITH OR TO MEET ANY DEAD-
LINE FOR THE PRODUCTION OF DOCUMENTS OR OTHER EVIDENCE REQUIRED BY  LAW,
BY COURT RULE, BY THE COURT OR BY STIPULATION.
  S  2.  Rule  3408  of  the  civil practice law and rules is amended by
adding a new subdivision (i) to read as follows:
  (I) WHERE A PLAINTIFF IN AN ACTION SUBJECT TO THIS SECTION TWICE FAILS
IN A SETTLEMENT CONFERENCE TO MAKE AN APPEARANCE WITH AUTHORITY TO NEGO-
TIATE AND EXECUTE A SETTLEMENT OR TO NEGOTIATE IN GOOD FAITH OR TO  MEET
ANY  DEADLINE FOR THE PRODUCTION OF DOCUMENTS OR OTHER EVIDENCE REQUIRED
BY LAW, BY COURT RULE, BY THE COURT OR BY STIPULATION, UPON  THE  SECOND

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

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