Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Aug 03, 2011 |
signed chap.264 |
Jul 22, 2011 |
delivered to governor |
Jun 22, 2011 |
returned to assembly passed senate 3rd reading cal.1068 substituted for s3762 |
Jun 22, 2011 |
substituted by a624 |
Jun 14, 2011 |
advanced to third reading |
Jun 13, 2011 |
2nd report cal. |
Jun 07, 2011 |
1st report cal.1068 |
Mar 03, 2011 |
referred to codes |
Senate Bill S3762
Signed By Governor2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status Via A624 - 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
Actions
Votes
2011-S3762 (ACTIVE) - Details
2011-S3762 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3762 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to assertable defenses of a third-party defendant PURPOSE: The purpose of this bill is to prohibit a third-party defendant from asserting an objection or defense that the summons and complaint, summons with notice or notice of petition and petition was not properly served and, thus, to expressly overrule the recent decision in Charles v. Long Island College Hospital, 2008 NY Slip Op. 218, 2008 NY App. Div. Lexis 176 (2nd Dept. 2008). SUMMARY OF PROVISIONS: This bill prohibits the assertion by a third-party defendant of a service objection relating to the initiating pleadings in the main action. EXISTING LAW: In the answer a third-party defendant may, of course, assert any
2011-S3762 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3762 2011-2012 Regular Sessions I N S E N A T E March 3, 2011 ___________ Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to assert- able defenses of a third-party defendant THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1008 of the civil practice law and rules is amended to read as follows: S 1008. Answer of third-party defendant; defenses. The third-party defendant shall answer the claim asserted against him OR HER by serving copies of his OR HER answer upon the third-party plaintiff. The third- party defendant may assert against the plaintiff in his OR HER answer any defenses which the third-party plaintiff has to the plaintiff's claim EXCEPT AN OBJECTION OR DEFENSE THAT THE SUMMONS AND COMPLAINT, SUMMONS WITH NOTICE OR NOTICE OF PETITION AND PETITION WAS NOT PROPERLY SERVED, OR THAT JURISDICTION WAS NOT OBTAINED OVER THE THIRD-PARTY PLAINTIFF. The third-party defendant shall have the rights of a party adverse to the other parties in the action, including the right to coun- ter-claim, cross-claim and appeal. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03129-01-1
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