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Assembly Bill A9540

2015-2016 Legislative Session

Relates to the failure to provide notice of a default judgment

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Archive: Last Bill Status - On Floor Calendar

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2015-A9540 (ACTIVE) - Details

See Senate Version of this Bill:
S7207
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง3215, CPLR
Versions Introduced in Other Legislative Sessions:
2017-2018: A7575, S5799
2019-2020: A7598

2015-A9540 (ACTIVE) - Summary

Relates to the failure to provide notice of a default judgment.

2015-A9540 (ACTIVE) - Bill Text download pdf 

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

                                  9540

                          I N  A S S E M B L Y

                             March 16, 2016
                               ___________

Introduced by M. of A. SEAWRIGHT, WEINSTEIN -- (at request of the Office
  of Court Administration) -- read once and referred to the Committee on
  Judiciary

AN  ACT  to  amend  the civil practice law and rules, in relation to the
  failure to provide notice of a default judgment

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

  Section 1. Paragraph 1 of subdivision (g) of section 3215 of the civil
practice  law  and rules, as amended by chapter 100 of the laws of 1994,
is amended to read as follows:
  1. Except as otherwise provided  with  respect  to  specific  actions,
whenever application is made to the court or to the clerk, any defendant
who  has  appeared is entitled to at least five days' notice of the time
and place of the application, and if more  than  one  year  has  elapsed
since  the default any defendant who has not appeared is entitled to the
same notice unless the court orders otherwise. The  court  may  dispense
with  the  requirement  of  notice when a defendant who has appeared has
failed to proceed to trial of an action reached and  called  for  trial.
WHEN  SUCH  NOTICE IS REQUIRED BUT NOT GIVEN AND JUDGMENT IS ENTERED, AN
APPLICATION TO VACATE THE JUDGMENT BROUGHT  BY  THE  PARTY  ENTITLED  TO
RECEIVE  NOTICE  SHALL  BE  GRANTED,  PROVIDED SUCH PARTY ACTED WITH DUE
DILIGENCE AFTER HAVING OBTAINED KNOWLEDGE OF ENTRY OF THE JUDGMENT.
  S 2. This act shall take effect immediately and  shall  apply  to  any
application made on or after such effective date.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14222-01-6

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