Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 10, 2014 |
referred to judiciary delivered to senate passed assembly |
Jan 08, 2014 |
ordered to third reading cal.304 returned to assembly died in senate |
Apr 24, 2013 |
referred to judiciary delivered to senate passed assembly |
Apr 18, 2013 |
advanced to third reading cal.168 |
Apr 16, 2013 |
reported |
Apr 09, 2013 |
referred to judiciary |
Assembly Bill A6550
2013-2014 Legislative Session
Sponsored By
WEPRIN
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
co-Sponsors
Helene Weinstein
Matthew Titone
Edward Hennessey
multi-Sponsors
Michele Titus
2013-A6550 (ACTIVE) - Details
- See Senate Version of this Bill:
- S5072
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §3018 & R3211, CPLR
2013-A6550 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6550 2013-2014 Regular Sessions I N A S S E M B L Y April 9, 2013 ___________ Introduced by M. of A. WEPRIN, WEINSTEIN, TITONE, HENNESSEY -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to certain notices of claim, pleading an affirmative defense and making a motion to dismiss THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (b) of section 3018 of the civil practice law and rules, as amended by chapter 504 of the laws of 1980, is amended to read as follows: (b) Affirmative defenses. A party shall plead all matters which if not pleaded would be likely to take the adverse party by surprise or would raise issues of fact not appearing on the face of a prior pleading such as arbitration and award, collateral estoppel, culpable conduct claimed in diminution of damages as set forth in article fourteen-A OF THIS CHAPTER, discharge in bankruptcy, facts showing illegality either by statute or common law, fraud, infancy or other disability of the party defending, payment, release, res judicata, statute of frauds, or statute of limitation, OR FAILURE TO SERVE A NOTICE OF CLAIM OR FAILURE TO PROP- ERLY OR TIMELY SERVE A NOTICE OF CLAIM. The application of this subdivi- sion shall not be confined to the instances enumerated. S 2. Subdivisions (a) and (e) of rule 3211 of the civil practice law and rules, paragraph 5 of subdivision (a) as amended by judicial confer- ence proposal number 6 for the year 1964, paragraph 11 of subdivision (a) as amended by chapter 656 of the laws of 1991 and subdivision (e) as amended by chapter 616 of the laws of 2005, are amended to read as follows: (a) Motion to dismiss cause of action. A party may move for judgment dismissing one or more causes of action asserted against him OR HER on the ground that: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09835-01-3
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