assembly Bill A9009A

2017-2018 Legislative Session

Relates to admissibility of an opposing party's statement

download bill text pdf

Sponsored By

Archive: Last Bill Status - On Floor Calendar


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 29, 2018 amended on third reading 9009a
Jan 25, 2018 advanced to third reading cal.622
Jan 23, 2018 reported
Jan 12, 2018 referred to judiciary

Co-Sponsors

A9009 - Details

See Senate Version of this Bill:
S4868
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §4551, CPLR
Versions Introduced in 2015-2016 Legislative Session:
A7320, S7312

A9009 - Summary

Amends the rules of evidence to permit the admission of an opposing party's statement if made by an agent or employee made within the scope of that relationship.

A9009 - Bill Text download pdf


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

                                  9009

                          I N  A S S E M B L Y

                            January 12, 2018
                               ___________

Introduced  by  M.  of A. DINOWITZ -- (at request of the Office of Court
  Administration) -- read once and referred to the Committee on  Judici-
  ary

AN  ACT to amend the civil practice law and rules, in relation to admis-
  sibility of an opposing party's statement

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

  Section 1. The civil practice law and rules is amended by adding a new
section 4551 to read as follows:
  §  4551.  ADMISSIBILITY  OF AN OPPOSING PARTY'S STATEMENT. A STATEMENT
OFFERED AGAINST AN OPPOSING PARTY SHALL NOT BE EXCLUDED FROM EVIDENCE AS
HEARSAY IF MADE BY A PERSON WHOM THE OPPOSING PARTY AUTHORIZED TO MAKE A
STATEMENT ON THE SUBJECT OR BY THE OPPOSING PARTY'S AGENT OR EMPLOYEE ON
A MATTER WITHIN THE SCOPE OF THAT RELATIONSHIP AND DURING THE  EXISTENCE
OF THAT RELATIONSHIP.
  §  2.  This  act  shall take effect immediately and shall apply to all
actions pending on or after its effective date.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14169-02-8

Co-Sponsors

A9009A (ACTIVE) - Details

See Senate Version of this Bill:
S4868
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §4551, CPLR
Versions Introduced in 2015-2016 Legislative Session:
A7320, S7312

A9009A (ACTIVE) - Summary

Amends the rules of evidence to permit the admission of an opposing party's statement if made by an agent or employee made within the scope of that relationship.

A9009A (ACTIVE) - Bill Text download pdf


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

                                 9009--A
                                                        Cal. No. 622

                          I N  A S S E M B L Y

                            January 12, 2018
                               ___________

Introduced  by M. of A. DINOWITZ, WEPRIN -- (at request of the Office of
  Court Administration) -- read once and referred to  the  Committee  on
  Judiciary  --  advanced  to  a  third  reading,  amended  and  ordered
  reprinted, retaining its place on the order of third reading

AN ACT to amend the civil practice law and rules, in relation to  admis-
  sibility of an opposing party's statement

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

  Section 1. The civil practice law and rules is amended by adding a new
section 4551 to read as follows:
  § 4551. ADMISSIBILITY OF AN OPPOSING PARTY'S  STATEMENT.  A  STATEMENT
OFFERED AGAINST AN OPPOSING PARTY SHALL NOT BE EXCLUDED FROM EVIDENCE AS
HEARSAY IF MADE BY A PERSON WHOM THE OPPOSING PARTY AUTHORIZED TO MAKE A
STATEMENT ON THE SUBJECT OR BY THE OPPOSING PARTY'S AGENT OR EMPLOYEE ON
A  MATTER  WITHIN  THE  SCOPE  OF  THAT RELATIONSHIP AND MADE DURING THE
EXISTENCE OF THAT RELATIONSHIP.
  § 2. This act shall take effect immediately and  shall  apply  to  all
actions pending on or after its effective date.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14169-03-8

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.