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
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 31, 2023 returned to assembly
passed senate
3rd reading cal.1280
substituted for s5137
Mar 30, 2023 referred to judiciary
delivered to senate
passed assembly
Mar 23, 2023 advanced to third reading cal.90
Mar 22, 2023 reported
Feb 23, 2023 referred to codes

A4721 (ACTIVE) - Details

See Senate Version of this Bill:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §902, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A5019
2011-2012: A2334
2013-2014: A6871
2015-2016: A2191
2017-2018: A3181
2019-2020: A2446
2021-2022: A6501

A4721 (ACTIVE) - Summary

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

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-
 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
   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.
 S. 5137                             2                            A. 4721