Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to judiciary |
Senate Bill S6125
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- 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
2013-S6125 (ACTIVE) - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Rpld & add §3213, CPLR
2013-S6125 (ACTIVE) - Sponsor Memo
BILL NUMBER:S6125 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to motions for summary judgment in lieu of complaint; and to repeal section 3213 of such law relating thereto PURPOSE: This bill relates to motions for summary judgment in lieu of complaint for certain causes of action. SUMMARY OF PROVISIONS: Section 1 - Section 3213 of the civil practice law and rules is repealed and a new section 3213 is added. Section 2 - Effective date. JUSTIFICATION: Current law enables certain cases which have no substantive defense to languish. This legislation would shorten the judicial process for those cases and help to reduce court dockets by enabling plaintiff, in certain actions, to serve a motion for summary judgment with supporting papers at the time the summons is served. LEGISLATIVE HISTORY: New bill FISCAL IMPLICATIONS:
2013-S6125 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6125 I N S E N A T E (PREFILED) January 8, 2014 ___________ Introduced by Sen. DeFRANCISCO -- 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 motions for summary judgment in lieu of complaint; and to repeal section 3213 of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 3213 of the civil practice law and rules is REPEALED and a new section 3213 is added to read as follows: S 3213. MOTION FOR SUMMARY JUDGMENT IN LIEU OF COMPLAINT. (A) MOTION IN LIEU OF COMPLAINT. THE PLAINTIFF MAY SERVE, WITH THE SUMMONS, A MOTION FOR SUMMARY JUDGMENT, WITH SUPPORTING PAPERS DESCRIBED IN THIS SECTION, WHEN THE ACTION IS BASED SOLELY UPON: (1) ANY JUDGMENT, (2) AN INSTRUMENT FOR THE PAYMENT OF MONEY ONLY, (3) ANY OTHER WRITING, SIGNED BY THE DEFENDANT, THAT CONTAINS A CLEAR, UNAMBIGUOUS, ABSOLUTE, UNCONDITIONAL AND IRREVOCABLE OBLIGATION FOR THE PAYMENT OF MONEY IN A SUM CERTAIN OR IN A SUM WHICH CAN BY COMPUTATION BE MADE CERTAIN, OR (4) A SIGNED GUARANTY, SURETYSHIP AGREEMENT, UNDERTAKING OR BOND SECURING AN OBLIGATION DESCRIBED IN PARAGRAPHS ONE, TWO OR THREE OF THIS SUBDIVISION. (B) SUPPORTING PROOF. A MOTION FOR SUMMARY JUDGMENT UNDER THIS SECTION SHALL BE SUPPORTED AS PROVIDED IN SUBDIVISION (B) OF RULE THIRTY-TWO HUNDRED TWELVE OF THIS ARTICLE. IN ADDITION, THE MOTION SHALL INCLUDE A COPY OF THE DOCUMENT ON WHICH THE ACTION IS BASED. IF THE ACTION IS BASED ON A JUDGMENT, THE PAPERS SHALL INCLUDE A COPY OF THE JUDGMENT CERTIFIED OR AUTHENTICATED IN ACCORDANCE WITH APPLICABLE LAW. (C) ANSWERING AND REPLY PAPERS ON THE MOTION. (1) THE SUMMONS SERVED WITH SUCH MOTION PAPERS AND THE NOTICE OF MOTION SHALL STATE THAT THE DEFENDANT MUST SERVE ANSWERING PAPERS ON THE MOTION ON OR BEFORE A DATE WHICH IS NOT LESS THAN THIRTY DAYS AFTER THE COMPLETION OF SERVICE ON THE DEFENDANT OF THE SUMMONS AND SUPPORTING PAPERS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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