assembly Bill A8040

Signed By Governor
2021-2022 Legislative Session

Relates to admissibility of an opposing party's statement

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Sponsored By

Archive: Last Bill Status Via S7093 - 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 (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 31, 2021 signed chap.833
Dec 20, 2021 delivered to governor
Jun 10, 2021 returned to senate
passed assembly
ordered to third reading rules cal.796
substituted for a8040
Jun 10, 2021 substituted by s7093
rules report cal.796
reported
reported referred to rules
Jun 09, 2021 reference changed to ways and means
reference changed to codes
referred to judiciary

Votes

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Jun 10, 2021 - floor Vote

S7093
47
16
floor
47
Aye
16
Nay
0
Absent
0
Excused
0
Abstained
show floor vote details

Floor Vote: Jun 10, 2021

aye (47)
nay (16)

Jun 10, 2021 - Rules committee Vote

S7093
14
6
committee
14
Aye
6
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Jun 10, 2021

aye (14)
nay (6)
aye wr (1)

A8040 (ACTIVE) - Details

See Senate Version of this Bill:
S7093
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §4549, CPLR
Versions Introduced in 2019-2020 Legislative Session:
A7599, S6335

A8040 (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 and during the existence of that relationship.

A8040 (ACTIVE) - Bill Text download pdf 

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8040
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 9, 2021
                                ___________
 
 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 4549 to read as follows:
   §  4549.  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.
                                                            LBD10789-01-1