senate Bill S5073

Signed By Governor
2013-2014 Legislative Session

Relates to want of prosecution

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A9075 -


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

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 23, 2014 signed chap.371
Sep 11, 2014 delivered to governor
May 12, 2014 returned to assembly
passed senate
3rd reading cal.423
substituted for s5073
May 12, 2014 substituted by a9075
May 05, 2014 advanced to third reading
Apr 30, 2014 2nd report cal.
Apr 29, 2014 1st report cal.423
Jan 08, 2014 referred to judiciary
May 08, 2013 referred to judiciary

S5073 - Details

See Assembly Version of this Bill:
A9075
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R3216, CPLR

S5073 - Summary

Relates to want of prosecution.

S5073 - Sponsor Memo

S5073 - Bill Text download pdf

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

                                  5073

                       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 want of
  prosecution

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

  Section 1. Subdivisions (a) and (b) of rule 3216 of the civil practice
law and rules, as added by chapter 770 of the laws of 1967, paragraph  3
of  subdivision  (b)  as  amended  by chapter 4 of the laws of 1978, are
amended to read as follows:
  (a) Where a party unreasonably neglects to  proceed  generally  in  an
action  or otherwise delays in the prosecution thereof against any party
who may be liable to a separate judgment, or unreasonably fails to serve
and file a note of issue, the court,  on  its  own  initiative  or  upon
motion,  WITH NOTICE TO THE PARTIES, may dismiss the party's pleading on
terms. Unless the order specifies otherwise, the dismissal is not on the
merits.
  (b) No dismissal shall be directed under any  portion  of  subdivision
(a)  of  this rule and no court initiative shall be taken or motion made
thereunder unless the following conditions precedent have been  complied
with:
  (1) Issue must have been joined in the action;
  (2)  One  year  must  have  elapsed  since the joinder of issue OR SIX
MONTHS MUST HAVE ELAPSED SINCE THE ISSUANCE  OF  THE  PRELIMINARY  COURT
CONFERENCE  ORDER  WHERE  SUCH  AN  ORDER  HAS BEEN ISSUED, WHICHEVER IS
LATER;
  (3) The court or party seeking such relief, as the case may be,  shall
have  served  a written demand by registered or certified mail requiring
the party against whom such relief is sought to  resume  prosecution  of
the  action  and  to  serve  and file a note of issue within ninety days

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09755-01-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.