Senate Bill S7092

Signed By Governor
2011-2012 Legislative Session

Requires pleadings in actions arising from the conduct of a business required to be licensed by the state to set forth in the pleadings that the business was licensed

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A2215 - 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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2011-S7092 (ACTIVE) - Details

See Assembly Version of this Bill:
A2215
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R3015, CPLR
Versions Introduced in 2009-2010 Legislative Session:
A10194

2011-S7092 (ACTIVE) - Summary

Requires pleadings in actions arising from the conduct of a business required to be licensed by the state to set forth in the pleadings that the business was licensed at the time the cause of action arose.

2011-S7092 (ACTIVE) - Sponsor Memo

2011-S7092 (ACTIVE) - Bill Text download pdf 

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

                                  7092

                            I N  S E N A T E

                             April 27, 2012
                               ___________

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 requir-
  ing pleadings in actions  arising  from  the  conduct  of  a  business
  required  to  be  licensed  by the state to set forth in the pleadings
  that the business was licensed at the time the cause of action arose

  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 465 of the laws of 1996, 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 [is] 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 defend-
ant 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.
                                                           LBD00573-03-2

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