Assembly Bill A7466

Signed By Governor
2011-2012 Legislative Session

Relates to time of service, time in which defect in form must be raised, copy of proposed amended pleading, and the time of voluntary discontinuances

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Archive: Last Bill Status Via S4581 - Signed by Governor

  • 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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2011-A7466 (ACTIVE) - Details

See Senate Version of this Bill:
S4581
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §306-b, RR2101, 3025 & 3217, CPLR
Versions Introduced in 2009-2010 Legislative Session:
A8318

2011-A7466 (ACTIVE) - Summary

Relates to time of service, time in which defect in form must be raised, copy of proposed amended pleading, and the time of voluntary discontinuances.

2011-A7466 (ACTIVE) - Bill Text download pdf 

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

                                  7466

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2011
                               ___________

Introduced  by  M. of A. ZEBROWSKI -- (at request of the Office of Court
  Administration) -- read once and referred to the Committee on Codes

AN ACT to amend the civil practice law and rules,  in  relation  to  the
  time  of service, the time in which a defect in form must be raised, a
  copy of a proposed amended pleading and the time of voluntary  discon-
  tinuances

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

  Section 1. Section 306-b of the  civil  practice  law  and  rules,  as
amended  by  chapter  473  of  the  laws  of 2001, is amended to read as
follows:
  S 306-b. Service of the summons and complaint,  summons  with  notice,
third-party summons and complaint, or petition with a notice of petition
or  order  to  show cause. Service of the summons and complaint, summons
with notice, third-party summons  and  complaint,  or  petition  with  a
notice  of  petition  or  order  to  show cause shall be made within one
hundred twenty days after the [filing  of  the  summons  and  complaint,
summons  with  notice,  third-party  summons and complaint, or petition]
COMMENCEMENT OF THE ACTION OR PROCEEDING, provided that in an action  or
proceeding,  except a proceeding commenced under the election law, where
the applicable statute of limitations is four months  or  less,  service
shall  be  made  not later than fifteen days after the date on which the
applicable statute of limitations expires.  If service is not made  upon
a  defendant  within  the time provided in this section, the court, upon
motion, shall dismiss the action without prejudice as to that defendant,
or upon good cause shown or in the interest of justice, extend the  time
for service.
  S  2. Subdivision (f) of rule 2101 of the civil practice law and rules
is amended to read as follows:
  (f) Defects in form; waiver. A defect in the form of  a  paper,  if  a
substantial  right of a party is not prejudiced, shall be disregarded by

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09307-01-1

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