senate Bill S2735

Signed By Governor
2013-2014 Legislative Session

Further amends provisions relating to pleadings in actions involving the conduct of business requiring licensure by the state

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A195 -

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

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view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 02, 2013 signed chap.21
Apr 26, 2013 delivered to governor
Apr 24, 2013 returned to assembly
passed senate
3rd reading cal.299
substituted for s2735
Apr 24, 2013 substituted by a195
Apr 22, 2013 advanced to third reading
Apr 17, 2013 2nd report cal.
Apr 16, 2013 1st report cal.299
Jan 23, 2013 referred to judiciary

S2735 - Details

See Assembly Version of this Bill:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R3015, CPLR

S2735 - Summary

Amends provisions relating to pleadings in actions involving the conduct of business requiring licensure by the state; removes provision allowing plaintiff to amend a complaint to include a license which was acquired after the commencement of the action.

S2735 - Sponsor Memo

S2735 - Bill Text download pdf

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


                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013

Introduced  by  Sen.  ZELDIN -- 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
  required  pleadings  in actions arising from the conduct of a business
  required to be licensed by the state


  Section  1. Subdivision (e) of rule 3015 of the civil practice law and
rules, as amended by chapter 458 of the laws of 2012, is amended to read
as follows:
  (e) License to do business. Where  the  plaintiff's  cause  of  action
against  a  consumer  arises  from the plaintiff's conduct of a business
which is required by state or local law to be licensed by the department
of consumer affairs of the city of New York, the Suffolk county  depart-
ment  of consumer affairs, the Westchester county department of consumer
affairs/weight-measures, the county of Rockland, the county of Putnam or
the Nassau county department of consumer affairs,  the  complaint  shall
allege, as part of the cause of action, that plaintiff was duly licensed
at  the time of services rendered and shall contain the name and number,
if any, of such license and the governmental agency  which  issued  such
license[;  provided,  however,  that where the plaintiff does not have a
license at the commencement of the action the plaintiff may, subject  to
the provisions of rule thirty hundred twenty-five of this article, amend
the  complaint  with the name and number of an after-acquired license or
the previously held license, as the case may be, and  the  name  of  the
governmental agency which issued such license or move for leave to amend
the  complaint  in  accordance with such provisions]. The failure of the
plaintiff to comply with this subdivision will permit the  defendant  to
move  for  dismissal  pursuant  to paragraph seven of subdivision (a) of
rule thirty-two hundred eleven of this chapter.
  S 2. This act shall take effect immediately.

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


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