Assembly Bill A2779A

2013-2014 Legislative Session

Relates to presumption of dismissal of residential mortgage foreclosure actions for repeated plaintiff non-appearance or failure to meet readiness deadlines

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Archive: Last Bill Status - In Assembly Committee


  • 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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Bill Amendments

2013-A2779 - Details

See Senate Version of this Bill:
S1478
Current Committee:
Assembly Judiciary
Law Section:
Judiciary Law
Laws Affected:
Amd §212, Judy L; amd R3408, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: S7798
2011-2012: S442
2015-2016: A1170, S4636
2017-2018: S3324

2013-A2779 - Summary

Relates to presumption of dismissal of residential mortgage foreclosure actions for repeated plaintiff non-appearance or failure to meet readiness deadlines.

2013-A2779 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2779

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 18, 2013
                               ___________

Introduced by M. of A. LAVINE -- read once and referred to the Committee
  on Judiciary

AN  ACT to amend the judiciary law and the civil practice law and rules,
  in relation to dismissal of residential mortgage  foreclosure  actions
  for  repeated failure by plaintiff to appear with authority to negoti-
  ate or to negotiate in good faith or meet other deadlines

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  2  of  section  212  of the judiciary law is
amended by adding a new paragraph (s) to read as follows:
  (S) ADOPT RULES PROVIDING FOR CONSIDERATION OF AND WAIVER  OF  MOTIONS
TO  DISMISS  PURSUANT  TO  SUBDIVISION  (I)  OF RULE THREE THOUSAND FOUR
HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES, WHERE  THE  PLAINTIFF
IN A RESIDENTIAL FORECLOSURE ACTION PURSUANT TO SECTION THIRTEEN HUNDRED
FOUR  OF  THE  REAL  PROPERTY ACTIONS AND PROCEEDINGS LAW TWICE FAILS IN
SUCH AN ACTION TO MAKE AN APPEARANCE WITH  AUTHORITY  TO  NEGOTIATE  AND
EXECUTE  A SETTLEMENT OR TO NEGOTIATE IN GOOD FAITH OR TO MEET ANY DEAD-
LINE FOR THE PRODUCTION OF DOCUMENTS OR OTHER EVIDENCE REQUIRED BY  LAW,
BY COURT RULE, BY THE COURT OR BY STIPULATION.
  S  2.  Rule  3408  of  the  civil practice law and rules is amended by
adding a new subdivision (i) to read as follows:
  (I) WHERE A PLAINTIFF IN AN ACTION SUBJECT TO THIS SECTION TWICE FAILS
IN A SETTLEMENT CONFERENCE TO MAKE AN APPEARANCE WITH AUTHORITY TO NEGO-
TIATE AND EXECUTE A SETTLEMENT OR TO NEGOTIATE IN GOOD FAITH OR TO  MEET
ANY  DEADLINE FOR THE PRODUCTION OF DOCUMENTS OR OTHER EVIDENCE REQUIRED
BY LAW, BY COURT RULE, BY THE COURT OR BY STIPULATION, UPON  THE  SECOND
SUCH FAILURE THE DEFENDANT SHALL BE DEEMED TO MAKE A MOTION FOR AN ORDER
DISMISSING  SUCH  ACTION,  WITHOUT PREJUDICE, UNLESS THE DEFENDANT SHALL
WAIVE THE MAKING OF SUCH MOTION ON ADVICE OF COUNSEL BY  SIGNED  WRITING
FILED  WITH  THE  COURT. THE COURT SHALL RESERVE DECISION ON SUCH MOTION
AND UPON THE THIRD SUCH FAILURE BY THE PLAINTIFF  IN  SUCH  ACTION,  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00999-01-3
              

2013-A2779A (ACTIVE) - Details

See Senate Version of this Bill:
S1478
Current Committee:
Assembly Judiciary
Law Section:
Judiciary Law
Laws Affected:
Amd §212, Judy L; amd R3408, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: S7798
2011-2012: S442
2015-2016: A1170, S4636
2017-2018: S3324

2013-A2779A (ACTIVE) - Summary

Relates to presumption of dismissal of residential mortgage foreclosure actions for repeated plaintiff non-appearance or failure to meet readiness deadlines.

2013-A2779A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2779--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 18, 2013
                               ___________

Introduced by M. of A. LAVINE -- read once and referred to the Committee
  on  Judiciary  -- recommitted to the Committee on Judiciary in accord-
  ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the judiciary law and the civil practice law and  rules,
  in  relation  to dismissal of residential mortgage foreclosure actions
  for repeated failure by plaintiff to appear with authority to  negoti-
  ate or to negotiate in good faith or meet other deadlines

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of  section  212  of  the  judiciary  law  is
amended by adding a new paragraph (t) to read as follows:
  (T)  ADOPT  RULES PROVIDING FOR CONSIDERATION OF AND WAIVER OF MOTIONS
TO DISMISS PURSUANT TO SUBDIVISION  (I)  OF  RULE  THREE  THOUSAND  FOUR
HUNDRED  EIGHT  OF THE CIVIL PRACTICE LAW AND RULES, WHERE THE PLAINTIFF
IN A RESIDENTIAL FORECLOSURE ACTION PURSUANT TO SECTION THIRTEEN HUNDRED
FOUR OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS  LAW  TWICE  FAILS  IN
SUCH  AN  ACTION  TO  MAKE AN APPEARANCE WITH AUTHORITY TO NEGOTIATE AND
EXECUTE A SETTLEMENT OR TO NEGOTIATE IN GOOD FAITH OR TO MEET ANY  DEAD-
LINE  FOR THE PRODUCTION OF DOCUMENTS OR OTHER EVIDENCE REQUIRED BY LAW,
BY COURT RULE, BY THE COURT OR BY STIPULATION.
  S 2. Rule 3408 of the civil practice  law  and  rules  is  amended  by
adding a new subdivision (i) to read as follows:
  (I) WHERE A PLAINTIFF IN AN ACTION SUBJECT TO THIS SECTION TWICE FAILS
IN A SETTLEMENT CONFERENCE TO MAKE AN APPEARANCE WITH AUTHORITY TO NEGO-
TIATE  AND EXECUTE A SETTLEMENT OR TO NEGOTIATE IN GOOD FAITH OR TO MEET
ANY DEADLINE FOR THE PRODUCTION OF DOCUMENTS OR OTHER EVIDENCE  REQUIRED
BY  LAW,  BY COURT RULE, BY THE COURT OR BY STIPULATION, UPON THE SECOND
SUCH FAILURE THE DEFENDANT SHALL BE DEEMED TO MAKE A MOTION FOR AN ORDER
DISMISSING SUCH ACTION, WITHOUT PREJUDICE, UNLESS  THE  DEFENDANT  SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00999-03-4
              

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