Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 31, 2023 |
returned to assembly passed senate 3rd reading cal.1280 substituted for s5137 |
May 31, 2023 |
substituted by a4721 |
May 30, 2023 |
advanced to third reading |
May 24, 2023 |
2nd report cal. |
May 23, 2023 |
1st report cal.1280 |
Apr 25, 2023 |
reported and committed to finance |
Feb 23, 2023 |
referred to judiciary |
Senate Bill S5137
2023-2024 Legislative Session
Sponsored By
(D, WF) 59th Senate District
Current Bill Status Via A4721 - Passed Senate
- 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
Actions
Votes
co-Sponsors
(D, WF) 18th Senate District
2023-S5137 (ACTIVE) - Details
2023-S5137 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5137 SPONSOR: GONZALEZ TITLE OF BILL: An act to amend the civil practice law and rules, in relation to certif- ication of class actions in cases involving governmental operations PURPOSE: The civil practice law and rules is amended to provide that a court may not deny or withhold class certification solely because the action involves governmental operations. This bill will not require the court to certify a class. More importantly, this bill will specify once the requirements of article 9 are satisfied, certification cannot be denied solely because the case involves governmental operations. SUMMARY: Section 1. Amends section 902 of the civil practice law and rules, as amended by chapter 474 of the laws of 1975.
2023-S5137 (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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