Amends provisions relating to pleadings in actions involving the conduct of business requiring licensure by the state; removes provision allowing plaintiff to amend a complaint to include a license which was acquired after the commencement of the action.
TITLE OF BILL: An act to amend the civil practice law and rules, in relation to required pleadings in actions arising from the conduct of a business required to be licensed by the state
PURPOSE OR GENERAL IDEA OF BILL: This bill would clarify when a failure to obtain a required license to conduct business will affect the power to bring suit regarding a later business transaction.
SUMMARY OF SPECIFIC PROVISIONS: Section one amends section 3015 of the Civil Practice Law and Rules to clarify when a failure to obtain a required license to conduct business will affect the power to bring suit regarding a later business transaction.
Section two sets forth the effective date.
JUSTIFICATION: This bill clarifies when a failure to obtain a required license to conduct business will affect the power to bring suit regarding a later business transaction. This will better inform bench and bar.
PRIOR LEGISLATIVE HISTORY: New bill
FISCAL IMPLICATIONS FOR STATE: None
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 2735 2013-2014 Regular Sessions IN SENATE January 23, 2013 ___________Introduced by Sen. ZELDIN -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to required pleadings in actions arising from the conduct of a business required to be licensed by the state 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 458 of the laws of 2012, 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 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 of the plaintiff to comply with this subdivision will permit the defendant 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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04286-01-3