Senate Bill S2735

Signed By Governor
2013-2014 Legislative Session

Further amends provisions relating to pleadings in actions involving the conduct of business requiring licensure by the state

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A195 - 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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2013-S2735 (ACTIVE) - Details

See Assembly Version of this Bill:
A195
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R3015, CPLR

2013-S2735 (ACTIVE) - Summary

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.

2013-S2735 (ACTIVE) - Sponsor Memo

2013-S2735 (ACTIVE) - Bill Text download pdf

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

                                  2735

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            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
              

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