Requires pleadings in actions arising from the conduct of a business required to be licensed by the state to set forth in the pleadings that the business was licensed at the time the cause of action arose.
Sponsor: Zebrowski
Committee: JUDICIARY
Law Section: Civil Practice Law and Rules
Law: Amd R3015, CPLR
Law Section: Civil Practice Law and Rules
Law: Amd R3015, CPLR
A2215A-2011 Actions
- Oct 3, 2012: approval memo.13
- Oct 3, 2012: signed chap.458
- Sep 21, 2012: delivered to governor
- Jun 19, 2012: RETURNED TO ASSEMBLY
- Jun 19, 2012: PASSED SENATE
- Jun 19, 2012: 3RD READING CAL.1311
- Jun 19, 2012: SUBSTITUTED FOR S7092
- Jan 23, 2012: REFERRED TO JUDICIARY
- Jan 23, 2012: delivered to senate
- Jan 23, 2012: passed assembly
- Jan 4, 2012: ordered to third reading cal.101
- Jan 4, 2012: RETURNED TO ASSEMBLY
- Jan 4, 2012: DIED IN SENATE
- May 10, 2011: REFERRED TO JUDICIARY
- May 10, 2011: delivered to senate
- May 10, 2011: passed assembly
- Mar 31, 2011: advanced to third reading cal.163
- Mar 30, 2011: reported
- Mar 22, 2011: print number 2215a
- Mar 22, 2011: amend and recommit to codes
- Jan 14, 2011: referred to codes
A2215A-2011 Votes
VOTE: FLOOR VOTE:
- Jun 19, 2012
Ayes (58): Adams, Addabbo, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Nays (1): Duane
Excused (3): Alesi, Espaillat, Huntley
A2215A-2011 Text
S T A T E O F N E W Y O R K
________________________________________________________________________
2215--A
2011-2012 Regular Sessions
I N ASSEMBLY
January 14, 2011
___________
Introduced by M. of A. ZEBROWSKI, JAFFEE, HOOPER, BOYLAND, REILLY, CRES-
PO, CASTRO -- Multi-Sponsored by -- M. of A. CAHILL, DINOWITZ, MARKEY,
PHEFFER -- read once and referred to the Committee on Codes -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the civil practice law and rules, in relation to requir-
ing pleadings in actions arising from the conduct of a business
required to be licensed by the state to set forth in the pleadings
that the business was licensed at the time the cause of action arose
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (e) of rule 3015 of the civil practice law and
rules, as amended by chapter 465 of the laws of 1996, is amended to read
as follows:
(e) License to do business. Where the plaintiff's cause of action
against a consumer arises from the plaintiff's conduct of a business
which is required by state or local law to be licensed by the department
of consumer affairs of the city of New York, the Suffolk county depart-
ment of consumer affairs, the Westchester county department of consumer
affairs/weight-measures, the county of Rockland, the county of Putnam or
the Nassau county department of consumer affairs, the complaint shall
allege, as part of the cause of action, that plaintiff [is] WAS duly
licensed AT THE TIME OF SERVICES RENDERED and shall contain the name and
number, if any, of such license and the governmental agency which issued
such license; provided, however, that where the plaintiff does not have
a license at the commencement of the action the plaintiff may, subject
to the provisions of rule thirty hundred twenty-five of this article,
amend the complaint with the name and number of an after-acquired
license OR THE PREVIOUSLY HELD LICENSE, AS THE CASE MAY BE, and the name
of the governmental agency which issued such license or move for leave
to amend the complaint in accordance with such provisions. The failure
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00573-02-1
A. 2215--A 2
of the plaintiff to comply with this subdivision will permit the defend-
ant to move for dismissal pursuant to paragraph seven of subdivision (a)
of rule thirty-two hundred eleven of this chapter.
S 2. This act shall take effect immediately.

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