Assembly Bill A10194

2009-2010 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

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Sponsored By

Archive: Last Bill Status - In Assembly 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

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2009-A10194 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R3015, CPLR
Versions Introduced in 2011-2012 Legislative Session:
A2215

2009-A10194 (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.

2009-A10194 (ACTIVE) - Sponsor Memo

2009-A10194 (ACTIVE) - Bill Text download pdf 

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

                                  10194

                          I N  A S S E M B L Y

                             March 10, 2010
                               ___________

Introduced by M. of A. ZEBROWSKI, BOYLAND, CRESPO, FIELDS, HOOPER, REIL-
  LY,  JAFFEE  -- Multi-Sponsored by -- M. of A. CAHILL, DINOWITZ, JOHN,
  MARKEY, PHEFFER, SKARTADOS -- read once and referred to the  Committee
  on Codes

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 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 chap-
ter].
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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