Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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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 referred to ways and means delivered to assembly passed senate ordered to third reading cal.1732 committee discharged and committed to rules |
May 28, 2021 | referred to judiciary |
senate Bill S7093
Signed By GovernorSponsored By
Brad Hoylman-Sigal
(D, WF) 47th Senate District
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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S7093 (ACTIVE) - Details
S7093 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7093 SPONSOR: HOYLMAN TITLE OF BILL: An act to amend the civil practice law and rules, in relation to admis- sibility of an opposing party's statement This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation if his Advisory Committee on Civil Practice. This measure would relax the common law exclusion of the hearsay state- ment of a party's agent or employee, provided that the statement was on a matter within the scope of that employment or agency relationship, and made during the existence of the relationship. The measure would add a new CPLR 4549, and cause New York's hearsay exception to follow the approach of Federal Rule of Evidence 801(d)(2)(D). The measure is intended to change the extent of authority that a propo- nent must show in order to make the hearsay statement of an opposing party's agent or employee admissible. While under current law it appears clear that a hearsay statement will be admissible if there was actual
S7093 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7093 2021-2022 Regular Sessions I N S E N A T E May 28, 2021 ___________ Introduced by Sen. HOYLMAN -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary 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
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