| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jun 17, 2016 |
committed to rules |
| Jun 01, 2016 |
advanced to third reading |
| May 25, 2016 |
2nd report cal. |
| May 24, 2016 |
1st report cal.1130 |
| Apr 06, 2016 |
referred to judiciary |
Senate Bill S7207
2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
Actions
Votes
2015-S7207 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9540
- Current Committee:
- Senate Rules
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd ยง3215, CPLR
- Versions Introduced in Other Legislative Sessions:
-
2017-2018:
S5799, A7575
2019-2020: A7598
2015-S7207 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7207
TITLE OF BILL : An act to amend the civil practice law and rules, in
relation to the failure to provide notice of a default judgment
This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of his Advisory
Committee on Civil Practice.
This measure would amend CPLR 3215(g)(1) to resolve questions under
current law regarding the procedure for a party in default who was not
provided notice. Also, we believe clarification of current case law is
necessary to avoid reliance upon a decision holding that failure to
give notice when required "is a jurisdictional defect that deprives
the court of authority to entertain a motion for leave to enter a
default judgment." Paulus v. Christopher Vacirca, 128 A.D. 3d 116, 126
(App. Div. 2d Dept., 2016). Our Advisory agrees with the decision
insofar as it vacated the default, but believes it is error to rule
that there was no jurisdiction. On their advice, we propose an
amendment to require that the party in default who was not served with
notice of the default shall be entitled to have the default judgment
vacated if that party acts with due diligence upon learning of its
entry. No proof of merit shall be required of such a party in support
of the vacatur.
This measure would add an additional sentence at the end of CPLR
2015-S7207 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
7207
I N S E N A T E
April 6, 2016
___________
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 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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