S T A T E O F N E W Y O R K
________________________________________________________________________
10408
I N A S S E M B L Y
March 3, 2026
___________
Introduced by M. of A. LUNSFORD -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to author-
izing a discontinuance without an order in actions where an unrepre-
sented party has not responded to a request for a stipulation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 3 of subdivision (a) of rule 3217 of the civil
practice law and rules, as amended by chapter 278 of the laws of 1999,
is amended and a new paragraph 4 is added to read as follows:
3. by filing with the clerk of the court before the case has been
submitted to the court or jury a certificate or notice of discontinuance
stating that any parcel of land which is the subject matter of the
action is to be excluded pursuant to title three of article eleven of
the real property tax law[.]; OR
4. WHERE A DEFENDANT NOT APPEARING BY ATTORNEY HAS SERVED A RESPONSIVE
PLEADING, BY FILING WITH THE CLERK OF THE COURT A STIPULATION IN WRITING
SIGNED BY THE ATTORNEY OF RECORD FOR ALL PARTIES APPEARING BY ATTORNEY
AND ALL DEFENDANTS NOT APPEARING BY ATTORNEY, PROVIDED THAT NO PARTY IS
AN INFANT, INCOMPETENT PERSON FOR WHOM A COMMITTEE HAS BEEN APPOINTED OR
CONSERVATEE AND NO PERSON WHO IS NOT A PARTY HAS AN INTEREST IN THE
SUBJECT MATTER OF THE ACTION. NOTWITHSTANDING THE FOREGOING, IN AN
ACTION IN WHICH A DEFENDANT NOT APPEARING BY ATTORNEY HAS SERVED A
RESPONSIVE PLEADING BUT HAS INTERPOSED NO COUNTERCLAIM, CROSS-CLAIM OR
THIRD-PARTY CLAIM, A STIPULATION DISCONTINUING AN ACTION AS AGAINST SUCH
DEFENDANT MAY BE FILED WITHOUT THE SIGNATURE OF THAT DEFENDANT PROVIDED
THAT THE DISCONTINUANCE SHALL BE WITH PREJUDICE AS TO THE CLAIMS DISCON-
TINUED, AND FURTHER PROVIDED THAT THE PARTY FILING SUCH STIPULATION
FILES AN AFFIRMATION DEMONSTRATING THAT SIXTY DAYS HAVE ELAPSED SINCE
THE STIPULATION WAS MAILED TO THAT DEFENDANT BY FIRST-CLASS MAIL AND NO
REPLY WAS RECEIVED FROM THAT DEFENDANT.
ยง 2. This act shall take effect on the sixtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14390-01-6
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