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Assembly Bill A7598

2019-2020 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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2019-A7598 (ACTIVE) - Details

Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3215, CPLR
Versions Introduced in Other Legislative Sessions:
2015-2016: A9540
2017-2018: A7575

2019-A7598 (ACTIVE) - Summary

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

2019-A7598 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7598
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 13, 2019
                                ___________
 
 Introduced  by M. of A. SEAWRIGHT, 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
   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  WITHIN  ONE
 HUNDRED  TWENTY  DAYS  AFTER  HAVING  OBTAINED KNOWLEDGE OF ENTRY OF THE
 JUDGMENT.
   § 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.
                                                            LBD11633-01-9

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