senate Bill S6128

2013-2014 Legislative Session

Relates to motions for summary judgment

download bill text pdf

Sponsored By

Archive: Last Bill Status -

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

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view actions (6)
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

S6128 - Details

See Assembly Version of this Bill:
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 - Summary

Relates to motions for summary judgment.

S6128 - Sponsor Memo

S6128 - Bill Text download pdf

                    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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