S2735-2013 Actions

• Apr 24, 2013: SUBSTITUTED BY A195
• Apr 22, 2013: ADVANCED TO THIRD READING
• Apr 17, 2013: 2ND REPORT CAL.
• Apr 16, 2013: 1ST REPORT CAL.299
• Jan 23, 2013: REFERRED TO JUDICIARY

S2735-2013 Meetings

S2735-2013 Calendars

S2735-2013 Votes

S2735-2013 Memo

BILL NUMBER:S2735

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 regard-
ing 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.

S2735-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2735
 2013-2014 Regular Sessions
 I N  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

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