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Senate Bill S3897

2013-2014 Legislative Session

Requires stipulations of settlement to only state that the parties agreed to settle, not need to state the terms of the settlement

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Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2013-S3897 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R2104, CPLR
Versions Introduced in 2011-2012 Legislative Session:
S3676

2013-S3897 (ACTIVE) - Summary

Requires stipulations of settlement to only state that the parties agreed to settle; there shall be no requirement to state the terms of the settlement.

2013-S3897 (ACTIVE) - Sponsor Memo

2013-S3897 (ACTIVE) - Bill Text download pdf 

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

                                  3897

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 26, 2013
                               ___________

Introduced  by  Sen.  HANNON -- 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  stipu-
  lation of settlement

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

  Section 1. Rule 2104 of the civil practice law and rules,  as  amended
by section 28 of part J of chapter 62 of the laws of 2003, is amended to
read as follows:
  Rule  2104. Stipulations. An agreement between parties or their attor-
neys relating to any matter in an action, other than  one  made  between
counsel  in  open  court,  is not binding upon a party unless it is in a
writing subscribed by [him] THE PARTY, or [his] THE PARTY'S attorney  or
reduced  to  the  form  of  an order and entered. With respect to stipu-
lations of settlement [and notwithstanding the form of  the  stipulation
of  settlement,  the  terms  of such stipulation shall be filed by], the
defendant SHALL FILE THE  STIPULATION  OF  SETTLEMENT  with  the  county
clerk.   THE STIPULATION OF SETTLEMENT SHALL ONLY BE REQUIRED TO PROVIDE
THE PARTIES' AGREEMENT TO SETTLE. THE PARTIES SHALL NOT BE  REQUIRED  TO
SUBMIT THE TERMS OF THE SETTLEMENT.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08254-02-3

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