Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2016 | referred to codes |
May 21, 2015 | advanced to third reading cal.403 |
May 19, 2015 | reported |
Jan 15, 2015 | referred to codes |
Archive: Last Bill Status - In Assembly Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Actions
Co-Sponsors
Linda Rosenthal
Thomas Abinanti
Richard Gottfried
Victor M. Pichardo
A2191 (ACTIVE) - Details
A2191 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2191 2015-2016 Regular Sessions I N A S S E M B L Y January 15, 2015 ___________ Introduced by M. of A. SOLAGES, ROSENTHAL, ABINANTI, GOTTFRIED, PICHARDO -- read once and referred to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to certif- ication of class actions in cases involving governmental operations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 902 of the civil practice law and rules, as amended by chapter 474 of the laws of 1975, is amended to read as follows: S 902. Order allowing class action. Within sixty days after the time to serve a responsive pleading has expired for all persons named as defendants in an action brought as a class action, the plaintiff shall move for an order to determine whether it is to be so maintained. An order under this section may be conditional, and may be altered or amended before the decision on the merits on the court's own motion or on motion of the parties. The action may be maintained as a class action only if the court finds that the prerequisites under section 901 have been satisfied. Among the matters which the court shall consider in determining whether the action may proceed as a class action are: 1. the interest of members of the class in individually controlling the prosecution or defense of separate actions; 2. the impracticability or inefficiency of prosecuting or defending separate actions; 3. the extent and nature of any litigation concerning the controversy already commenced by or against members of the class; 4. the desirability or undesirability of concentrating the litigation of the claim in the particular forum; 5. the difficulties likely to be encountered in the management of a class action. HOWEVER, A COURT SHALL NOT DENY OR WITHHOLD CLASS CERTIFICATION SOLELY BECAUSE THE ACTION INVOLVES GOVERNMENTAL OPERATIONS. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06750-01-5