Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 24, 2018 |
reported referred to codes |
Apr 17, 2018 |
referred to judiciary |
Assembly Bill A10363
2017-2018 Legislative Session
Sponsored By
ABINANTI
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Jeffrey Dinowitz
2017-A10363 (ACTIVE) - Details
- Current Committee:
- Assembly Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §3215, CPLR
- Versions Introduced in 2019-2020 Legislative Session:
-
A7600
2017-A10363 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10363 I N A S S E M B L Y April 17, 2018 ___________ Introduced by M. of A. ABINANTI, DINOWITZ -- (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 permitted submissions in a default judgment THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (b) of section 3215 of the civil practice law and rules, as amended by chapter 749 of the laws of 1965, is amended to read as follows: (b) Procedure before court. The court, with or without a jury, may make an assessment or take an account or proof, or may direct a refer- ence. THE PARTY ENTITLED TO JUDGMENT MAY BE PERMITTED TO SUBMIT, IN ADDITION TO THE PROOF REQUIRED BY SUBDIVISION (F) OF THIS SECTION, PROP- ERLY EXECUTED AFFIDAVITS OR AFFIRMATIONS AS PROOF OF DAMAGES, PROVIDED THAT IF THE DEFAULTING PARTY GIVES REASONABLE NOTICE THAT IT WILL APPEAR AT THE INQUEST, THE PARTY SEEKING DAMAGES MAY SUBMIT ANY SUCH PROOF BY ORAL TESTIMONY OF THE WITNESSES IN OPEN COURT OR, AFTER GIVING REASON- ABLE NOTICE THAT IT WILL DO SO, BY WRITTEN SWORN STATEMENTS OF THE WITNESSES, BUT SHALL MAKE ALL SUCH WITNESSES AVAILABLE FOR CROSS-EXAMI- NATION. When a reference is directed, the court may direct that the report be returned to it for further action or, except where otherwise prescribed by law, that judgment be entered by the clerk in accordance with the report without any further application. Except in a matrimonial action, no finding of fact in writing shall be necessary to the entry of a judgment on default. The judgment shall not exceed in amount or differ in type from that demanded in the complaint or stated in the notice served pursuant to subdivision (b) of rule 305 OF THIS CHAPTER. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14646-01-8
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