Assembly Bill A4721

2023-2024 Legislative Session

Relates to prohibiting a court from denying class certification solely because the action involves governmental operations

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Current Bill Status - Passed Senate & Assembly

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A4721 (ACTIVE) - Details

See Senate Version of this Bill:
S5137
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §902, CPLR
Versions Introduced in 2023-2024 Legislative Session:
A4721, S5137

2023-A4721 (ACTIVE) - Summary

Prohibits a court from denying class certification for purposes of class action lawsuits solely because the action involves governmental operations.

2023-A4721 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 5137                                                  A. 4721
 
                        2023-2024 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 IN  SENATE  --  Introduced  by  Sen.  GONZALEZ -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Judici-
   ary
 
 IN  ASSEMBLY -- Introduced by M. of A. SOLAGES -- read once and referred
   to the Committee on Codes

 AN ACT to amend the civil practice law and rules, in relation to certif-
   ication of class actions in cases involving governmental operations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 902 of the civil practice law and rules, as amended
 by chapter 474 of the laws of 1975, is amended to read as follows:
   § 902.  Order allowing class action.  Within sixty days after the time
 to  serve  a  responsive  pleading  has expired for all persons named as
 defendants in an action brought as a class action, the  plaintiff  shall
 move  for  an  order to determine whether it is to be so maintained.  An
 order under this section may be  conditional,  and  may  be  altered  or
 amended  before  the decision on the merits on the court's own motion or
 on motion of the parties.   The action may  be  maintained  as  a  class
 action  only if the court finds that the prerequisites under section 901
 have been satisfied.  Among the matters which the court  shall  consider
 in determining whether the action may proceed as a class action are:
   1.    the interest of members of the class in individually controlling
 the prosecution or defense of separate actions;
   2.  the impracticability or inefficiency of prosecuting  or  defending
 separate actions;
   3.  the extent and nature of any litigation concerning the controversy
 already commenced by or against members of the class;
   4.  the desirability or undesirability of concentrating the litigation
 of the claim in the particular forum;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02064-01-3
 S. 5137                             2                            A. 4721

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