senate Bill S6128

2013-2014 Legislative Session

Relates to motions for summary judgment

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Archive: Last Bill Status - Passed Senate

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

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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


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S6128 - Bill Details

See Assembly Version of this Bill:
Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R3212, CPLR
Versions Introduced in Previous Legislative Sessions:
2011-2012: A8053
2009-2010: A6693

S6128 - Bill Texts

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Relates to motions for summary judgment.

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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
compliance with the appropriate deadline less burdensome. Indeed, the
confusion has already engendered inconsistent Appellate Division
decisions on whether confusion concerning the applicable rule is
itself "good cause" for missing the shorter deadline (contrast
Crawford v Liz Claiborne, Inc., 45 A.D.3d 284 15t Dept. 2007, with
Gomez v Penmark Realty Corp., 50 A.D.3d 607 15t Dept. 2008), and the
Court of Appeals' decision in Crawford v Liz Claiborne, Inc., 2008 NY
Slip Op 07989 (10/23/08), had to parse the language of two conflicting
rules to find that Brill did not apply.

This amendment would limit the search for a deadline shorter than the
statutory default to one place: the prior Orders in the specific case.

It also serves the salutary function of allowing Judges more
flexibility in setting summary judgment deadlines, taking into account
factors unique to each case, such as its complexities, outstanding
discovery, number of parties, and the number of parties seeking
summary judgment, as well as considerations which may change with
time, such as current trial calendar congestion.

LEGISLATIVE HISTORY: A6693 of 2009 referred to codes. 05/27/11
referred to codes 01/04/12 referred to codes

FISCAL IMPLICATIONS: This bill would have no financial impact on the

EFFECTIVE DATE: This act shall take effect immediately upon its
becoming law and shall apply to all actions pending or commenced on
and after such date.

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


                            I N  S E N A T E


                             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


  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.


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