NY State Assembly Bill A7737B

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (17)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 30, 2022	signed chap.821
Dec 20, 2022	delivered to governor
May 03, 2022	returned to assembly passed senate 3rd reading cal.704 substituted for s5473d
Mar 23, 2022	referred to judiciary delivered to senate passed assembly
Feb 14, 2022	amended on third reading (t) 7737b
Jan 05, 2022	ordered to third reading cal.274
Jun 07, 2021	ordered to third reading rules cal.511 rules report cal.511 reported
May 26, 2021	amend and recommit to rules 7737a
May 26, 2021	reported referred to rules
May 20, 2021	referred to judiciary

Votes

Bill Amendments

Original

B (Active)

Original

B (Active)

A7737 - Details

See Senate Version of this Bill:: S5473
Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Amd §§203, 205 & 213, R3217, add §205-a, CPLR; amd §17-105, Gen Ob L; amd §1301, RPAP L

A7737 - Summary

Relates to the rights of parties involved in foreclosure actions; provides additional details regarding the commencement and termination of certain actions related to real property.

A7737 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7737
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 20, 2021
                                ___________
 
 Introduced  by  M.  of  A.  WEINSTEIN  --  read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the real property actions and proceedings  law  and  the
   civil  practice  law  and  rules, in relation to the rights of parties
   involved in foreclosure actions

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 3 of section 1301 of the real property actions
 and proceedings law, as added by chapter 312 of the  laws  of  1962,  is
 amended and a new subdivision 4 is added to read as follows:
   3.  While the action is pending or after final judgment for the plain-
 tiff therein, no other  action  shall  be  commenced  or  maintained  to
 recover  any  part  of  the mortgage debt, without leave of the court in
 which the former action was brought. THIS SUBDIVISION SHALL  BE  TREATED
 AS  A STAY OR STATUTORY PROHIBITION FOR PURPOSES OF CALCULATING THE TIME
 WITHIN WHICH AN ACTION SHALL  BE  COMMENCED  PURSUANT  TO  SECTIONS  TWO
 HUNDRED  FOUR  AND  TWO  HUNDRED  THIRTEEN OF THE CIVIL PRACTICE LAW AND
 RULES.
   4. IF AN ACTION TO COLLECT ANY PART OF THE MORTGAGE  DEBT  IS  ADJUDI-
 CATED  TO  BE BARRED BY THE APPLICABLE STATUTE OF LIMITATIONS, ANY OTHER
 ACTION SEEKING TO RECOVER ANY PART OF THE SAME MORTGAGE DEBT SHALL  ALSO
 BE BARRED BY THE STATUTE OF LIMITATIONS.
   §  2.  Rule  3217  of  the  civil practice law and rules is amended by
 adding a new subdivision (e) to read as follows:
   (E) EFFECT OF DISCONTINUANCE UPON CERTAIN INSTRUMENTS. IN  ANY  ACTION
 ON AN INSTRUMENT DESCRIBED UNDER SUBDIVISION FOUR OF SECTION TWO HUNDRED
 THIRTEEN OF THIS CHAPTER IN WHICH THE UNDERLYING INDEBTEDNESS WAS ACCEL-
 ERATED  BY THE COMMENCEMENT OF SUCH ACTION, THE VOLUNTARY DISCONTINUANCE
 OF SUCH ACTION, WHETHER ON MOTION OR BY STIPULATION, SHALL NOT HAVE  THE
 EFFECT  OF  REVOKING ACCELERATION UNLESS SUCH DISCONTINUANCE IS EFFECTED
 WITHIN SIX YEARS OF  THE  COMMENCEMENT  OF  THE  ACTION  AND  EXPLICITLY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11254-02-1

 A. 7737                             2
 
 ADVISES  THE  DEFENDANT  OR DEFENDANTS THAT SUCH ACCELERATION IS REVOKED
 AND ADVISES THE DEFENDANT OR DEFENDANTS THAT THE PLAINTIFF SHALL  RESUME
 ACCEPTING INSTALLMENT PAYMENTS.
   §  3.  Subdivision  (c)  of  section 205 of the civil practice law and
 rules, as amended by chapter 216 of the laws of 1992, is amended to read
 as follows:
   (c) Application. This section also applies  to  a  proceeding  brought
 under  the workers' compensation law BUT SHALL NOT APPLY TO ANY PROCEED-
 ING GOVERNED BY SECTION TWO HUNDRED FIVE-A OF THIS ARTICLE.
   § 4. The civil practice law and rules  is  amended  by  adding  a  new
 section 205-a to read as follows:
   § 205-A. TERMINATION OF CERTAIN ACTIONS RELATED TO REAL PROPERTY.  (A)
 IF  AN  ACTION  UPON  AN  INSTRUMENT DESCRIBED UNDER SUBDIVISION FOUR OF
 SECTION TWO HUNDRED THIRTEEN OF THIS ARTICLE IS TIMELY COMMENCED AND  IS
 TERMINATED  IN ANY MANNER OTHER THAN A VOLUNTARY DISCONTINUANCE, A FAIL-
 URE TO OBTAIN PERSONAL JURISDICTION OVER THE DEFENDANT, A  DISMISSAL  OF
 THE  COMPLAINT  FOR  ANY  FORM OF NEGLECT, INCLUDING, BUT NOT LIMITED TO
 THOSE SPECIFIED IN SUBDIVISION THREE OF SECTION THIRTY-ONE HUNDRED TWEN-
 TY-SIX, SECTION THIRTY-TWO  HUNDRED  FIFTEEN,  RULE  THIRTY-TWO  HUNDRED
 SIXTEEN AND RULE THIRTY-FOUR HUNDRED FOUR OF THIS CHAPTER, FOR VIOLATION
 OF  ANY  UNIFORM  COURT  RULES  OR INDIVIDUAL PART RULES, FOR FAILURE TO
 COMPLY WITH ANY COURT SCHEDULING ORDERS, OR BY DEFAULT DUE TO NONAPPEAR-
 ANCE FOR CONFERENCE OR AT A CALENDAR  CALL,  OR  BY  FAILURE  TO  TIMELY
 SUBMIT  ANY ORDER OR JUDGMENT, OR UPON A FINAL JUDGMENT UPON THE MERITS,
 THE PLAINTIFF, OR, IF  THE  PLAINTIFF  DIES  AND  THE  CAUSE  OF  ACTION
 SURVIVES,  HIS  OR  HER  EXECUTOR  OR  ADMINISTRATOR, MAY COMMENCE A NEW
 ACTION UPON THE SAME TRANSACTION OR OCCURRENCE OR SERIES OF TRANSACTIONS
 OR OCCURRENCES WITHIN SIX MONTHS  FOLLOWING  THE  TERMINATION,  PROVIDED
 THAT THE NEW ACTION WOULD HAVE BEEN TIMELY COMMENCED WITHIN THE APPLICA-
 BLE LIMITATIONS PERIOD PRESCRIBED BY LAW AT THE TIME OF THE COMMENCEMENT
 OF  THE  PRIOR  ACTION  AND  THAT SERVICE UPON THE ORIGINAL DEFENDANT IS
 EFFECTED WITHIN SUCH SIX-MONTH PERIOD. FOR PURPOSES OF THIS SUBDIVISION:
   1. AN ASSIGNEE OF THE PLAINTIFF SHALL NOT BE DEEMED TO  HAVE  CAPACITY
 TO  MAINTAIN  THE  ACTION  AS A SUCCESSOR PLAINTIFF, UNLESS PLEADING AND
 PROVING THAT SUCH ASSIGNEE IS ACTING  ON  BEHALF  OF  OR  ASSERTING  THE
 RIGHTS OF THE ORIGINAL PLAINTIFF; AND
   2.  IN  NO  EVENT  SHALL THE PLAINTIFF RECEIVE MORE THAN ONE SIX-MONTH
 EXTENSION.
   (B) WHERE THE DEFENDANT HAS SERVED AN ANSWER AND THE  ACTION  UPON  AN
 INSTRUMENT DESCRIBED UNDER SUBDIVISION FOUR OF SECTION TWO HUNDRED THIR-
 TEEN  OF THIS ARTICLE IS TERMINATED IN ANY MANNER, AND A NEW ACTION UPON
 THE SAME TRANSACTION OR OCCURRENCE OR SERIES OF TRANSACTIONS  OR  OCCUR-
 RENCES  IS COMMENCED BY THE ORIGINAL PLAINTIFF, OR A SUCCESSOR IN INTER-
 EST OR ASSIGNEE OF THE ORIGINAL PLAINTIFF, THE ASSERTION OF ANY CAUSE OF
 ACTION OR DEFENSE BY THE DEFENDANT IN THE NEW ACTION SHALL BE TIMELY  IF
 SUCH CAUSE OF ACTION OR DEFENSE WAS TIMELY ASSERTED IN THE PRIOR ACTION.
   § 5. This act shall take effect immediately.

Co-Sponsors

A7737A - Details

See Senate Version of this Bill:: S5473
Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Amd §§203, 205 & 213, R3217, add §205-a, CPLR; amd §17-105, Gen Ob L; amd §1301, RPAP L

A7737A - Summary

Relates to the rights of parties involved in foreclosure actions; provides additional details regarding the commencement and termination of certain actions related to real property.

A7737A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7737--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 20, 2021
                                ___________
 
 Introduced  by  M.  of  A.  WEINSTEIN  --  read once and referred to the
   Committee on Judiciary -- reported and referred to  the  Committee  on
   Rules  --  Rules Committee discharged, bill amended, ordered reprinted
   as amended and recommitted to the Committee on Rules
 
 AN ACT to amend the real property actions and proceedings  law  and  the
   civil  practice  law  and  rules, in relation to the rights of parties
   involved in foreclosure actions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 3 of section 1301 of the real property actions
 and proceedings law, as added by chapter 312 of the  laws  of  1962,  is
 amended and a new subdivision 4 is added to read as follows:
   3.  While the action is pending or after final judgment for the plain-
 tiff therein, no other  action  shall  be  commenced  or  maintained  to
 recover  any  part  of  the mortgage debt, without leave of the court in
 which the former action was  brought.  THIS  SUBDIVISION  SHALL  NOT  BE
 TREATED  AS  A STAY OR STATUTORY PROHIBITION FOR PURPOSES OF CALCULATING
 THE TIME WITHIN WHICH AN ACTION SHALL BE COMMENCED PURSUANT TO  SECTIONS
 TWO  HUNDRED FOUR AND TWO HUNDRED THIRTEEN OF THE CIVIL PRACTICE LAW AND
 RULES.
   4. IF AN ACTION TO COLLECT ANY PART OF THE MORTGAGE  DEBT  IS  ADJUDI-
 CATED  TO  BE BARRED BY THE APPLICABLE STATUTE OF LIMITATIONS, ANY OTHER
 ACTION SEEKING TO RECOVER ANY PART OF THE SAME MORTGAGE DEBT SHALL  ALSO
 BE BARRED BY THE STATUTE OF LIMITATIONS.
   §  2.  Rule  3217  of  the  civil practice law and rules is amended by
 adding a new subdivision (e) to read as follows:
   (E) EFFECT OF DISCONTINUANCE UPON CERTAIN INSTRUMENTS. IN  ANY  ACTION
 ON AN INSTRUMENT DESCRIBED UNDER SUBDIVISION FOUR OF SECTION TWO HUNDRED
 THIRTEEN OF THIS CHAPTER IN WHICH THE UNDERLYING INDEBTEDNESS WAS ACCEL-
 ERATED  BY THE COMMENCEMENT OF SUCH ACTION, THE VOLUNTARY DISCONTINUANCE
 OF SUCH ACTION, WHETHER ON MOTION OR BY STIPULATION, SHALL NOT HAVE  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11254-03-1

 A. 7737--A                          2
 
 EFFECT  OF  REVOKING ACCELERATION UNLESS SUCH DISCONTINUANCE IS EFFECTED
 WITHIN SIX YEARS OF  THE  COMMENCEMENT  OF  THE  ACTION  AND  EXPLICITLY
 ADVISES  THE  DEFENDANT  OR DEFENDANTS THAT SUCH ACCELERATION IS REVOKED
 AND  ADVISES THE DEFENDANT OR DEFENDANTS THAT THE PLAINTIFF SHALL RESUME
 ACCEPTING INSTALLMENT PAYMENTS.
   § 3. Subdivision (c) of section 205 of  the  civil  practice  law  and
 rules, as amended by chapter 216 of the laws of 1992, is amended to read
 as follows:
   (c)  Application.  This  section  also applies to a proceeding brought
 under the workers' compensation law BUT SHALL NOT APPLY TO ANY  PROCEED-
 ING GOVERNED BY SECTION TWO HUNDRED FIVE-A OF THIS ARTICLE.
   §  4.  The  civil  practice  law  and rules is amended by adding a new
 section 205-a to read as follows:
   § 205-A. TERMINATION OF CERTAIN ACTIONS RELATED TO REAL PROPERTY.  (A)
 IF AN ACTION UPON AN INSTRUMENT  DESCRIBED  UNDER  SUBDIVISION  FOUR  OF
 SECTION  TWO HUNDRED THIRTEEN OF THIS ARTICLE IS TIMELY COMMENCED AND IS
 TERMINATED IN ANY MANNER OTHER THAN A VOLUNTARY DISCONTINUANCE, A  FAIL-
 URE  TO  OBTAIN PERSONAL JURISDICTION OVER THE DEFENDANT, A DISMISSAL OF
 THE COMPLAINT FOR ANY FORM OF NEGLECT, INCLUDING,  BUT  NOT  LIMITED  TO
 THOSE SPECIFIED IN SUBDIVISION THREE OF SECTION THIRTY-ONE HUNDRED TWEN-
 TY-SIX,  SECTION  THIRTY-TWO  HUNDRED  FIFTEEN,  RULE THIRTY-TWO HUNDRED
 SIXTEEN AND RULE THIRTY-FOUR HUNDRED FOUR OF THIS CHAPTER, FOR VIOLATION
 OF ANY UNIFORM COURT RULES OR INDIVIDUAL  PART  RULES,  FOR  FAILURE  TO
 COMPLY WITH ANY COURT SCHEDULING ORDERS, OR BY DEFAULT DUE TO NONAPPEAR-
 ANCE  FOR  CONFERENCE  OR  AT  A  CALENDAR CALL, OR BY FAILURE TO TIMELY
 SUBMIT ANY ORDER OR JUDGMENT, OR UPON A FINAL JUDGMENT UPON THE  MERITS,
 THE  PLAINTIFF,  OR,  IF  THE  PLAINTIFF  DIES  AND  THE CAUSE OF ACTION
 SURVIVES, HIS OR HER EXECUTOR  OR  ADMINISTRATOR,  MAY  COMMENCE  A  NEW
 ACTION UPON THE SAME TRANSACTION OR OCCURRENCE OR SERIES OF TRANSACTIONS
 OR  OCCURRENCES  WITHIN  SIX  MONTHS FOLLOWING THE TERMINATION, PROVIDED
 THAT THE NEW ACTION WOULD HAVE BEEN TIMELY COMMENCED WITHIN THE APPLICA-
 BLE LIMITATIONS PERIOD PRESCRIBED BY LAW AT THE TIME OF THE COMMENCEMENT
 OF THE PRIOR ACTION AND THAT SERVICE  UPON  THE  ORIGINAL  DEFENDANT  IS
 EFFECTED WITHIN SUCH SIX-MONTH PERIOD. FOR PURPOSES OF THIS SUBDIVISION:
   1.  AN  ASSIGNEE OF THE PLAINTIFF SHALL NOT BE DEEMED TO HAVE CAPACITY
 TO MAINTAIN THE ACTION AS A SUCCESSOR  PLAINTIFF,  UNLESS  PLEADING  AND
 PROVING  THAT  SUCH  ASSIGNEE  IS  ACTING  ON BEHALF OF OR ASSERTING THE
 RIGHTS OF THE ORIGINAL PLAINTIFF; AND
   2. IN NO EVENT SHALL THE PLAINTIFF RECEIVE  MORE  THAN  ONE  SIX-MONTH
 EXTENSION.
   (B)  WHERE  THE  DEFENDANT HAS SERVED AN ANSWER AND THE ACTION UPON AN
 INSTRUMENT DESCRIBED UNDER SUBDIVISION FOUR OF SECTION TWO HUNDRED THIR-
 TEEN OF THIS ARTICLE IS TERMINATED IN ANY MANNER, AND A NEW ACTION  UPON
 THE  SAME  TRANSACTION OR OCCURRENCE OR SERIES OF TRANSACTIONS OR OCCUR-
 RENCES IS COMMENCED BY THE ORIGINAL PLAINTIFF, OR A SUCCESSOR IN  INTER-
 EST OR ASSIGNEE OF THE ORIGINAL PLAINTIFF, THE ASSERTION OF ANY CAUSE OF
 ACTION  OR DEFENSE BY THE DEFENDANT IN THE NEW ACTION SHALL BE TIMELY IF
 SUCH CAUSE OF ACTION OR DEFENSE WAS TIMELY ASSERTED IN THE PRIOR ACTION.
   § 5. This act shall take effect immediately.

Co-Sponsors

A7737B (ACTIVE) - Details

See Senate Version of this Bill:: S5473
Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Amd §§203, 205 & 213, R3217, add §205-a, CPLR; amd §17-105, Gen Ob L; amd §1301, RPAP L

A7737B (ACTIVE) - Summary

Relates to the rights of parties involved in foreclosure actions; provides additional details regarding the commencement and termination of certain actions related to real property.

A7737B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7737--B
                                                         Cal. No. 274
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 20, 2021
                                ___________
 
 Introduced  by M. of A. WEINSTEIN, ZINERMAN, SOLAGES, SEAWRIGHT, COLTON,
   SIMON, ZEBROWSKI,  PRETLOW,  BURDICK,  BRONSON,  DAVILA,  ENGLEBRIGHT,
   DINOWITZ,  GLICK, SAYEGH -- read once and referred to the Committee on
   Judiciary -- reported and referred to the Committee on Rules --  Rules
   Committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to the Committee on Rules -- ordered to a  third  reading,
   amended  and  ordered  reprinted,  retaining its place on the order of
   third reading
 
 AN ACT to amend the real  property  actions  and  proceedings  law,  the
   general  obligations  law  and  the  civil  practice law and rules, in
   relation to the rights of parties involved in actions  commenced  upon
   real property related instruments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "foreclosure abuse prevention act".
   §  2.  Subdivision  3 of section 1301 of the real property actions and
 proceedings law, as added by chapter 312 of the laws of 1962, is amended
 and a new subdivision 4 is added to read as follows:
   3. While the action is pending or after final judgment for the  plain-
 tiff  therein,  no  other  action  shall  be  commenced or maintained to
 recover any part of the mortgage debt, INCLUDING AN ACTION TO  FORECLOSE
 THE  MORTGAGE, without leave of the court in which the former action was
 brought. THE PROCUREMENT OF SUCH LEAVE SHALL BE A CONDITION PRECEDENT TO
 THE COMMENCEMENT OF SUCH OTHER ACTION AND THE FAILURE  TO  PROCURE  SUCH
 LEAVE  SHALL  BE  A  DEFENSE  TO SUCH OTHER ACTION. FOR PURPOSES OF THIS
 SUBDIVISION, IN THE EVENT SUCH OTHER ACTION IS COMMENCED  WITHOUT  LEAVE
 OF  THE  COURT,  THE FORMER ACTION SHALL BE DEEMED DISCONTINUED UPON THE
 COMMENCEMENT OF THE OTHER ACTION, UNLESS PRIOR TO THE ENTRY OF  A  FINAL
 JUDGMENT  IN SUCH OTHER ACTION, A DEFENDANT RAISES THE FAILURE TO COMPLY
 WITH THIS CONDITION PRECEDENT THEREIN, OR SEEKS DISMISSAL THEREOF  BASED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11254-08-2
 A. 7737--B                          2
 
 UPON  A  GROUND  SET  FORTH IN PARAGRAPH FOUR OF SUBDIVISION (A) OF RULE
 THIRTY-TWO HUNDRED ELEVEN OF THE CIVIL  PRACTICE  LAW  AND  RULES.  THIS
 SUBDIVISION  SHALL NOT BE TREATED AS A STAY OR STATUTORY PROHIBITION FOR
 PURPOSES  OF  CALCULATING  THE  TIME  WITHIN  WHICH  AN  ACTION SHALL BE
 COMMENCED AND THE CLAIM INTERPOSED PURSUANT TO SECTIONS TWO HUNDRED FOUR
 AND TWO HUNDRED THIRTEEN OF THE CIVIL PRACTICE LAW AND RULES.
   4. IF AN ACTION TO FORECLOSE A MORTGAGE OR RECOVER  ANY  PART  OF  THE
 MORTGAGE  DEBT  IS ADJUDICATED TO BE BARRED BY THE APPLICABLE STATUTE OF
 LIMITATIONS, ANY OTHER ACTION  SEEKING  TO  FORECLOSE  THE  MORTGAGE  OR
 RECOVER  ANY  PART OF THE SAME MORTGAGE DEBT SHALL ALSO BE BARRED BY THE
 STATUTE OF LIMITATIONS.
   § 3. Subdivisions 4 and 5 of section 17-105 of the general obligations
 law are amended to read as follows:
   4. [Except as provided in subdivision  five,  no]  AN  acknowledgment,
 waiver  [or promise has any effect to], PROMISE OR AGREEMENT, EXPRESS OR
 IMPLIED IN FACT OR IN LAW, SHALL  NOT,  IN  FORM  OR  EFFECT,  POSTPONE,
 CANCEL,  RESET,  TOLL,  REVIVE  OR OTHERWISE extend the time limited for
 commencement of an action to foreclose [or] A mortgage for  any  greater
 time  or  in  any other manner than that provided in this section, [nor]
 unless it is made as provided in this section.
   5. This section does not change the requirements[,] or the effect with
 respect to the ACCRUAL OF A CAUSE OF ACTION, NOR THE  time  limited  for
 commencement of an action[, of] BASED UPON EITHER:
   a.  a  payment or part payment of the principal or interest secured by
 the mortgage, or
   b. a stipulation made in an action or proceeding.
   § 4. Section 203 of the civil practice law and  rules  is  amended  by
 adding a new subdivision (h) to read as follows:
   (H) CLAIM AND ACTION UPON CERTAIN INSTRUMENTS.  ONCE A CAUSE OF ACTION
 UPON  AN INSTRUMENT DESCRIBED IN SUBDIVISION FOUR OF SECTION TWO HUNDRED
 THIRTEEN OF THIS ARTICLE HAS ACCRUED, NO PARTY MAY, IN FORM  OR  EFFECT,
 UNILATERALLY WAIVE, POSTPONE, CANCEL, TOLL, REVIVE, OR RESET THE ACCRUAL
 THEREOF,  OR  OTHERWISE  PURPORT TO EFFECT A UNILATERAL EXTENSION OF THE
 LIMITATIONS PERIOD PRESCRIBED BY LAW TO COMMENCE AN ACTION AND TO INTER-
 POSE THE CLAIM, UNLESS EXPRESSLY PRESCRIBED BY STATUTE.
   § 5. Subdivision (c) of section 205 of  the  civil  practice  law  and
 rules, as amended by chapter 216 of the laws of 1992, is amended to read
 as follows:
   (c)  Application.  This  section  also applies to a proceeding brought
 under the workers' compensation law BUT SHALL NOT APPLY TO ANY  PROCEED-
 ING GOVERNED BY SECTION TWO HUNDRED FIVE-A OF THIS ARTICLE.
   §  6.  The  civil  practice  law  and rules is amended by adding a new
 section 205-a to read as follows:
   § 205-A. TERMINATION OF CERTAIN ACTIONS RELATED TO REAL PROPERTY.  (A)
 IF  AN  ACTION  UPON  AN  INSTRUMENT DESCRIBED UNDER SUBDIVISION FOUR OF
 SECTION TWO HUNDRED THIRTEEN OF THIS ARTICLE IS TIMELY COMMENCED AND  IS
 TERMINATED  IN ANY MANNER OTHER THAN A VOLUNTARY DISCONTINUANCE, A FAIL-
 URE TO OBTAIN PERSONAL JURISDICTION OVER THE DEFENDANT, A  DISMISSAL  OF
 THE  COMPLAINT  FOR  ANY  FORM OF NEGLECT, INCLUDING, BUT NOT LIMITED TO
 THOSE SPECIFIED IN SUBDIVISION THREE OF SECTION THIRTY-ONE HUNDRED TWEN-
 TY-SIX, SECTION THIRTY-TWO  HUNDRED  FIFTEEN,  RULE  THIRTY-TWO  HUNDRED
 SIXTEEN AND RULE THIRTY-FOUR HUNDRED FOUR OF THIS CHAPTER, FOR VIOLATION
 OF  ANY COURT RULES OR INDIVIDUAL PART RULES, FOR FAILURE TO COMPLY WITH
 ANY COURT SCHEDULING ORDERS, OR BY  DEFAULT  DUE  TO  NONAPPEARANCE  FOR
 CONFERENCE  OR  AT  A  CALENDAR CALL, OR BY FAILURE TO TIMELY SUBMIT ANY
 ORDER OR JUDGMENT, OR  UPON  A  FINAL  JUDGMENT  UPON  THE  MERITS,  THE
 A. 7737--B                          3
 
 ORIGINAL  PLAINTIFF, OR, IF THE ORIGINAL PLAINTIFF DIES AND THE CAUSE OF
 ACTION SURVIVES, HIS OR HER EXECUTOR OR ADMINISTRATOR,  MAY  COMMENCE  A
 NEW  ACTION  UPON THE SAME TRANSACTION OR OCCURRENCE OR SERIES OF TRANS-
 ACTIONS  OR  OCCURRENCES  WITHIN  SIX  MONTHS FOLLOWING THE TERMINATION,
 PROVIDED THAT THE NEW ACTION WOULD HAVE BEEN TIMELY COMMENCED WITHIN THE
 APPLICABLE LIMITATIONS PERIOD PRESCRIBED BY  LAW  AT  THE  TIME  OF  THE
 COMMENCEMENT  OF  THE  PRIOR  ACTION  AND THAT SERVICE UPON THE ORIGINAL
 DEFENDANT IS COMPLETED WITHIN SUCH SIX-MONTH  PERIOD.  FOR  PURPOSES  OF
 THIS SUBDIVISION:
   1.  A  SUCCESSOR  IN INTEREST OR AN ASSIGNEE OF THE ORIGINAL PLAINTIFF
 SHALL NOT BE PERMITTED TO COMMENCE THE NEW ACTION, UNLESS  PLEADING  AND
 PROVING  THAT  SUCH  ASSIGNEE IS ACTING ON BEHALF OF THE ORIGINAL PLAIN-
 TIFF; AND
   2. IN NO EVENT SHALL THE ORIGINAL  PLAINTIFF  RECEIVE  MORE  THAN  ONE
 SIX-MONTH EXTENSION.
   (B)  WHERE  THE  DEFENDANT HAS SERVED AN ANSWER AND THE ACTION UPON AN
 INSTRUMENT DESCRIBED UNDER SUBDIVISION FOUR OF SECTION TWO HUNDRED THIR-
 TEEN OF THIS ARTICLE IS TERMINATED IN ANY MANNER, AND A NEW ACTION  UPON
 THE  SAME  TRANSACTION OR OCCURRENCE OR SERIES OF TRANSACTIONS OR OCCUR-
 RENCES IS COMMENCED BY THE ORIGINAL PLAINTIFF, OR A SUCCESSOR IN  INTER-
 EST OR ASSIGNEE OF THE ORIGINAL PLAINTIFF, THE ASSERTION OF ANY CAUSE OF
 ACTION  OR DEFENSE BY THE DEFENDANT IN THE NEW ACTION SHALL BE TIMELY IF
 SUCH CAUSE OF ACTION OR DEFENSE WAS TIMELY ASSERTED IN THE PRIOR ACTION.
   § 7. Subdivision 4 of section 213 of the civil practice law and  rules
 is amended by adding two new paragraphs (a) and (b) to read as follows:
   (A)  IN  ANY ACTION ON AN INSTRUMENT DESCRIBED UNDER THIS SUBDIVISION,
 IF THE STATUTE OF LIMITATIONS IS  RAISED  AS  A  DEFENSE,  AND  IF  THAT
 DEFENSE IS BASED ON A CLAIM THAT THE INSTRUMENT AT ISSUE WAS ACCELERATED
 PRIOR TO, OR BY WAY OF COMMENCEMENT OF A PRIOR ACTION, A PLAINTIFF SHALL
 BE  ESTOPPED FROM ASSERTING THAT THE INSTRUMENT WAS NOT VALIDLY ACCELER-
 ATED, UNLESS THE PRIOR ACTION WAS DISMISSED BASED ON AN EXPRESSED  JUDI-
 CIAL  DETERMINATION,  MADE  UPON  A  TIMELY INTERPOSED DEFENSE, THAT THE
 INSTRUMENT WAS NOT VALIDLY ACCELERATED.
   (B) IN ANY ACTION SEEKING CANCELLATION AND DISCHARGE OF RECORD  OF  AN
 INSTRUMENT  DESCRIBED  UNDER SUBDIVISION FOUR OF SECTION FIFTEEN HUNDRED
 ONE OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, A DEFENDANT  SHALL
 BE  ESTOPPED  FROM  ASSERTING  THAT THE PERIOD ALLOWED BY THE APPLICABLE
 STATUTE OF LIMITATION FOR THE COMMENCEMENT OF AN ACTION UPON THE INSTRU-
 MENT HAS NOT EXPIRED BECAUSE THE INSTRUMENT WAS NOT VALIDLY  ACCELERATED
 PRIOR  TO, OR BY WAY OF COMMENCEMENT OF A PRIOR ACTION, UNLESS THE PRIOR
 ACTION WAS DISMISSED BASED ON AN EXPRESSED JUDICIAL DETERMINATION,  MADE
 UPON  A  TIMELY  INTERPOSED DEFENSE, THAT THE INSTRUMENT WAS NOT VALIDLY
 ACCELERATED.
   § 8. Rule 3217 of the civil practice  law  and  rules  is  amended  by
 adding a new subdivision (e) to read as follows:
   (E)  EFFECT  OF DISCONTINUANCE UPON CERTAIN INSTRUMENTS. IN ANY ACTION
 ON AN INSTRUMENT DESCRIBED UNDER SUBDIVISION FOUR OF SECTION TWO HUNDRED
 THIRTEEN OF THIS CHAPTER, THE VOLUNTARY DISCONTINUANCE OF  SUCH  ACTION,
 WHETHER  ON  MOTION, ORDER, STIPULATION OR BY NOTICE, SHALL NOT, IN FORM
 OR EFFECT, WAIVE, POSTPONE, CANCEL, TOLL, EXTEND, REVIVE  OR  RESET  THE
 LIMITATIONS  PERIOD  TO  COMMENCE  AN  ACTION  AND TO INTERPOSE A CLAIM,
 UNLESS EXPRESSLY PRESCRIBED BY STATUTE.
   § 9. Severability clause. If any clause, sentence, paragraph,  section
 or  part  of this act shall be adjudged by any court of competent juris-
 diction to be invalid, such judgment shall not affect, impair or invali-
 date the remainder thereof, but shall be confined in  its  operation  to
 A. 7737--B                          4

 the  clause,  sentence,  paragraph,  section  or  part  thereof directly
 involved in the controversy in  which  such  judgment  shall  have  been
 rendered.
   §  10.  This  act shall take effect immediately and shall apply to all
 actions commenced on an instrument described under subdivision  four  of
 section  two  hundred  thirteen  of  the civil practice law and rules in
 which a final judgment of foreclosure and sale has not been enforced.

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The New York State Senate

assembly Bill A7737B

Sponsored By

Archive: Last Bill Status - Signed by Governor

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Actions

Votes

May 3, 2022 - floor Vote

Floor Vote: May 3, 2022

Bill Amendments

A7737 - Details

A7737 - Summary

A7737 - Bill Text download pdf

Co-Sponsors

A7737A - Details

A7737A - Summary

A7737A - Bill Text download pdf

Co-Sponsors

A7737B (ACTIVE) - Details

A7737B (ACTIVE) - Summary

A7737B (ACTIVE) - Bill Text download pdf

Comments

assembly Bill A7737B

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Sponsored By

WEINSTEIN

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

May 3, 2022 - floor Vote

Floor Vote: May 3, 2022

Bill Amendments

A7737 - Details

A7737 - Summary

A7737 - Bill Text download pdf

Co-Sponsors

Stefani Zinerman

Michaelle C. Solages

Rebecca Seawright

William Colton

Jo Anne Simon

Kenneth Zebrowski

J. Gary Pretlow

Chris Burdick

Harry B. Bronson

Maritza Davila

Steven Englebright

Jeffrey Dinowitz

Deborah Glick

Nader sayegh

A7737A - Details

A7737A - Summary

A7737A - Bill Text download pdf

Co-Sponsors

Stefani Zinerman

Rebecca Seawright

William Colton

Jo Anne Simon

Kenneth Zebrowski

J. Gary Pretlow

Chris Burdick

Harry B. Bronson

Maritza Davila

Steven Englebright

Jeffrey Dinowitz

Deborah Glick

Nader sayegh

Thomas Abinanti

Simcha Eichenstein

Daniel Rosenthal

David Weprin

Emily Gallagher

Yudelka Tapia

Phara Souffrant Forrest

Steven Otis

Robert C. Carroll

Pamela J. Hunter

Alicia Hyndman

Sandy Galef

Chantel Jackson

Khaleel Anderson

Kimberly Jean-Pierre

Nathalia Fernandez

Vivian Cook

Rodneyse Bichotte Hermelyn

A7737B (ACTIVE) - Details

A7737B (ACTIVE) - Summary

A7737B (ACTIVE) - Bill Text download pdf

Comments