The NYSBA's Committee on Civil Practice Law and Rules tracks significant CPLR bills introduced in the legislature. The Committee issues legislative reports with respect to many of these bills. We welcome your comments on any of the bills. Please make sure you reference both the bill number and the CPLR section in your message. Click here to send us comments.
Proposed Amendments to the CPLR
Article 1- Applicability and Definitions
Article 2- Limitations of Time
A01620 WRIGHT - Amd S205, CPLR. Provides that where an action is dismissed as a result of a failure to prosecute, the court shall set forth specific conduct constituting the neglect on the record and provides that the conduct specified must demonstrate a general pattern of delay in proceeding with the litigation. We filed Report No. 13 (Powhida) on March 11, 2003, disapproving the bill.
S03641 OPPENHEIMER. Amd S212, CPLR. Provides that an action to recover the amount of an overcharge based upon a mistake or billing error made by an electric, gas or telephone corporation must be commenced within ten years.
A10800 RULES COMM. Amd CPLR 213 Provides that the statute of limitations for fraud shall be the greater of six years from the date of accrual of the cause of action or two years from when the plaintiff should have discovered the fraud. Chapter 403 of the Laws of 2004, effective 8/17/04.
S02084 KUHL. Amd S213, CPLR. Provides that an action based on breach of a home improvement contract must be brought within six years of the breach or six months of the discovery of the breach, whichever is later.
S04664 LACHMAN. Add S11-108, Gen Ob L; amd S213, CPLR. Relates to the use of market share liability for a manufacturer of lead-based paint or a manufacturer of any lead constituent of a lead-based paint in civil actions brought against certain producers or manufacturers; provides for a six year statute of limitations.
A04667 STRINGER. Amd S214-a, CPLR. Provides for an exception to the period of limitations for medical, dental, and podiatric malpractice when a required incident report has not been filed; allows an action to be commenced within one year of filing, regardless of the otherwise applicable two year, six month period.
S02493 BALBONI/A02039 O' CONNELL - Add S213-c, CPLR. Creates a civil cause of action for medical abandonment; provides that an action to recover damages for personal injury or wrongful death caused by the arbitrary, capricious, negligent or other tortious decision of a health maintenance organization or medical care facility to withhold or diminish medical care or treatment may be commenced within 3 years of the date of such decision. We filed Report No. 42 (Juhase) on April 22, 2003, disapproving the bill.
S02588 PATERSON/A06544 WEINSTEIN - Amd S214-a, CPLR. Alters the statute of limitations for medical, dental or podiatric malpractice to two years and six months from the time when a person knows or should have known of the alleged negligent act or omission and knows or should have known that such negligent act or omission has caused an injury; revives previously dismissed medical, dental and podiatric malpractice actions for a one year period.
A00787 LENTOL/S00424 JOHNSON. Amd SS13-a & 13-l, Work Comp L; amd S459, RPT L; amd S404-a, V & T L; amd SS214 & 214-a, CPLR; amd SS6556 & 902, Ed L. Provides that chiropractors may give second opinions and other services without employer approval, certify disability for handicapped parking and real property tax purposes and be employed by school districts to assist medical inspectors; gives chiropractors good samaritan immunity and changes malpractice statute of limitations for chiropractors to two years and six months.
A01329 THIELE/S00716 LAVALLE. Amends CPLR S214-c. Affirms and continues the common law actions for recovery of damages for personal injury or property damage caused by the latent effects of exposure to a toxic substance; in doing so the 3 year time period for such recovery is extended by allowing such time period to run from date of discovery of the injury. We filed Report No. 43 (Bragar) on April 22, 2003, disapproving the bill.
A01923 LEVY - Amd S214-c, CPLR. Provides that in toxic tort cases where the specific toxic etiological cause of injury is not known for up to ten years (instead of five years) after the injury itself is discovered a plaintiff shall have three years to file a claim from the time such specific cause is discovered. We filed Report No. 5 (Bragar) on February 25, 2003, disapproving the bill.
S04172 VOLKER - Rpld & add S214-d, amd S214, rpld R3211 sub (h), R3212 sub (i), CPLR. Repeals and reenacts statute of limitation provisions on wrongful death, personal injury and property damage actions against professional engineers, architects, landscape architects, land surveyors and construction contractors to provide for a limitations period of ten years after completion of improvement to real property; "completion", which constitutes the accrual date for the limitations period, is defined; provides for a one year extension for injuries to person or property or wrongful death which occur during the tenth year after completion.
S00319 DEFRANCISCO. Add S65-e, ABC L; add S214-f, CPLR. Establishes a civil cause of action for supplying a minor with alcohol; establishes a two year statute of limitations.
A03844 ORTIZ - Add S65-e, ABC L; add S214-f, CPLR. Establishes a civil cause of action for supplying a minor with alcohol; establishes a two year statute of limitations.
A04793 STRANIERE. Add S214-f, CPLR. Revives claims to recover Holocaust-era artwork for a period of three years from when a demand to return of the artwork was made or until December 31, 2010, whichever is later.
A06025 SCOZZAFAVA - Add S906-a, BC L; add S214-f, CPLR. Limits asbestos-related liabilities relating to certain mergers and consolidations; limits a successor company's responsibility for the predecessor's torts to the total value of the predecessor's assets; makes definitions; amends civil practice law and rules to include a two year statute of limitation relating to death caused by exposure to asbestos.
A05357 GREEN. Add Art 15-C S328, Exec L; add SS214-f & 214-g, CPLR. Establishes the commission to quantify the debt owed to persons of African descent to make recommendations to the legislature for the compensation of African American communities for the continuing economic and social impact of slavery; permits certain claims against businesses in New York and the estates of individuals; makes an appropriation.
KAUFMAN - Add Art 5 SS49, 52-a, 52-b, amd SS50 & 51, Civ Rts L; rpld Art
32, add Art 32-A, SS676 - 678, add SS394-f & 394-g, amd S380-l, ren
S380-t to be 380-u, add S380-t, Gen Bus L; add Art 10 SS1000 -
1012, Pub Health L; amd S215, CPLR; add art 5-A SS104 -
104-k, Pub Serv L Gen. Enacts the "Personal Privacy Act of 2004"
to comprehensively enhance, preserve, and protect the right of personal
privacy; enacts a telecommunications privacy act; significantly expands
upon present legal protections; includes use of voice, actual
performance, identity, nickname, or objects in protections; regulates
unsolicited electronic and other advertisements; establishes duty to
COHEN - Add Art 10 SS1000 - 1013, Pub Health L; amd S215, CPLR
A00234 LENTOL/S02814 DUANE. Adds CPLR S215-a to revive causes of action for the sexual assault of an infant which have been barred by the statute of limitations; provides a one year window for such causes of action to be brought. We filed Report No. 8 (Uebelhoer) on February 25, 2003, disapproving the bill.
A05673 LAFAYETTE. Add S215-a, CPLR. Tolls statute of limitations in personal injury actions resulting from child abuse until abuse was discovered by plaintiff; permits a claim for personal injury from child abuse to be filed up to one year after discovery by the plaintiff of such injury for purposes of filing a notice of claim with a governmental entity; such claim accrues upon discovery by the plaintiff.
S00571 BRESLIN - Add S78-a, Civ Rts L; amd S215, CPLR. Provides that a cause of action for a declaratory judgement of libel or slander would accrue to the spouse, parent or child of a decedent as the result of a libel or slander which occurred after, but within five years of a decedent's death; provides that any such action must be commenced within one year of the date of the alleged libel or slander; provides that prior to the commencement of such action, the spouse, parent or child must request a retraction of such statements by registered or certified letter.
S02115 MORAHAN. Add Art 5 SS49, 52-a, 52-b, amd SS50 & 51, Civ Rts L; rpld Art 32, add Art 32-A SS676 - 678, add SS394-f & 394-g, amd S380-l, ren S380-t to be 380-u, add S380-t, Gen Bus L; add Art 10 SS1000 - 1012, Pub Health L; amd S215, CPLR; add Art 5-A SS104 - 104-k, Pub Serv L Gen. Enacts the "Personal Privacy Act of 2004" to comprehensively enhance, preserve, and protect the right of personal privacy; enacts a telecommunications privacy act; significantly expands upon present legal protections; includes use of voice, acutal performance, identity, nickname, or objects in protections; regulates unsolicited electronic and other advertisements; establishes duty to maintain the confidentiality of health information; regulates collection, use, or disclosure of information by telecommunications carriers.
Article 3 - Jurisdiction and Service
S01958 KRUGER. Amd S230, Pub Health L; add S535, County L; amd SS304 & 8018, CPLR. Requires the state board for professional medical conduct to initiate a preliminary investigation of physicians against whom a significant number of claims of malpractice have been alleged; establishes a formal process by which certain claims and complaints which allege medical malpractice and professional medical misconduct are forwarded to the department of health for an expedited review and, if necessary, a more intensive investigation.
A07885 RULES COM - Amd SS105, 304, 1007 & R305, CPLR. Clarifies where papers initiating an action or proceedings or other papers must be filed; defines "clerk of court". We filed Report No. 50 (Aloe) on May 1, 2003, disapproving the bill.
A03650 BRENNAN - Amd S308, CPLR. Provides that when two certain acts of service have been attempted and one of the two acts has been validly effected, it shall be sufficient to sustain the service if it is shown that the defendant actually has received process. We filed Report No. 16 (Ferstendig) on March 11, 2003, approving the bill with recommended modifications.
A03660 KAUFMAN/S03180 VELLELA - Amd S308, CPLR. Permits service of process on the doorperson or concierge of a multiple dwelling subject to certain conditions to satisfy delivery requirement for delivery and mail service under CPLR 308(2); makes provisions regarding what constitutes proof of service; makes an exception for instances in which the owner of the multiple dwelling or employer or the doorperson or concierge is an adverse party tot he party to be served.
A05836 COLTON - Amd S312-a, CPLR. Deems service by mail to defendant's place of employment shall not be attempted or made unless after due diligence defendant's home address cannot be ascertained.
Article 4- Special Proceedings
Article 5- Venue
BRODSKY - Amends CPLR S506. Permits special proceedings against certain
designated state officials to be ommenced in a supreme court in the
judicial district of the petitioner`s residence or principal place of
business; provides that a proceeding against
Article 9 - Class Actions
A05942 P. RIVERA - Amd S902, CPLR. Prohibits a court from denying class certification for purposes of class action lawsuits solely because the action involves governmental operations.
Article 10 - Parties Generally
A01160 KAUFMAN/S03258 VELLELA - Amends CPLR S1007. Establishes a time limit on the bringing of an impleader complaint (utilizing third-party practice) of no later than ninety days after completion of the examinations before trial of the parties in the original action unless consented to be the parties or upon written application of any of the original parties or upon the consent of the court such time is extended. We filed Report No. 9 (Critelli) on February 25, 2003, disapproving the bill.
A00562 HOYT et al. Amends Art 6 Title 4 Title Head, add S409-c, Soc Serv L; amd SS80.05 & 60.35, Pen L; add SS97-cccc & 97-dddd, St Fin L; amd S1101, CPLR. Creates parenting workshop pilot program under the aegis of the office of children and family services for certain at-risk parents of newborns to prevent juvenile delinquent behavior; provides funding therefor by an increase in and segregation of the crime victim assistance fees and mandatory surcharge fees; makes related provisions; creates a crime victim assistance account as a special revenue fund; creates a better parenting trust account.
Article 12- Infants, Incompetents and Conservatees
A07294 STRANIERE - Amd SS1201, 1203 & 1206, RR1202, 1208, 1210 & 1211, CPLR. Makes article 12 of the civil practice law and rules gender neutral.
S03499 VOLKER. Amd S1204, CPLR. Relates to compensation for a guardian ad litem; authorizes payment for the services of the guardian ad litem out of public funds; makes related provisions.
A07902 RULES COM - Amd SS1207 & 5003-a, R1208, CPLR; amd S2220, SCPA. Provides that for settlements that require a court order the order, or the judgment in a special proceeding, shall provide for the payment of interest on the settlement amount at the statutory interest rate on judgments.
DEFRANCISCO. Amd SS1207 & 5003-a & R1208, CPLR; amd S2220, SCPA.
Permits the accrual of interest where there is a delay in a proposed
Article 13 - Actions by the State
STAVISKY - Amd SS10.00, 70.15 & 165.65, add SS60.15, 70.17 & 155.23, Art
495 SS495.00-495.35, Pen L; amd SS220.10 & 410.10, CP L; amd SS70 & 855,
add S615, Cor L; amd S91, add SS90-b & 97-cccc, St Fin L; add SS161 &
223-a, amd SS415-a & 424, V & T L; add Art 5-C SS178-a - 178-d, Judy L;
amd S1310, CPLR; add S217-a, Exec L; amd S27-0303, add
S27-0309, En Con; add S553-j, Pub Auth L.
A04578 STRANIERE. Rpld S1310 subs 4-a & 4-b, S1311 sub 3 Pb subP (v), PP (d) & (e), subs 3-a & 4-a, sub 11 P (c), sub 12, S1311-a, S1312 sub 4, S1349, amd CPLR, generally; rpld & add Art 480 SS480.00 - 480.25, Pen L; rpld S220.50 sub 6, amd S200.95, CP L; rpld S837-a sub 6, Exec L; amd S3388, Pub Health L. Provides for criminal forfeitures of property in felony controlled substance and marihuana cases; provides that the burden of proof is shifted to the owner of the property; alters the percentage of the distribution of the property forfeited giving the seizing police agencies a greater share of the proceeds; provides attorneys' fees for certain claimants challenging a seizure.
A02431 TEDISCO - Amd SS1310 & 1311, CPLR. Allows counties in the state to be more effective in closing stores that deal in obscene material by providing for the forfeiture of the obscene materials after conviction of any misdemeanor or felony detailed in article 235 of the penal law relating to obscenity.
BARRA - Amd S1310, CPLR. Authorizes the institution of civil forfeiture
actions in connection with certain misdemeanors defined in the
environmental conservation law prohibiting the illegal dumping of
certain hazardous or noxious substances or regulated
A05821 STRANIERE - Amd SS1310 & 1311, CPLR. Authorizes the forfeiture by state and local authorities of privately owned real property when it is proven by a preponderance of the evidence that a non-criminal owner at such real property has failed to take reasonable precautions to prevent the use of such real property for illegal drug activity.
S02159 KRUGER. Amd SS1310 & 1311, CPLR. Specifically includes a motor vehicle as an "instrumentality" of the crime when the charge is one of driving while intoxicated and also requires the district attorney to seek civil forfeiture of a vehicle upon a third charge of DWI within a 5 year period.
S03379 SAMPSON. Amd SS1310 & 1349, CPLR. Provides for alternative disposition of forfeiture proceeds derived from persons who are members of a "street gang", as defined, so as to provide 75% of the remainder to the local school district where such gang member resides, for programs designed to deter or prevent youths from associating with or becoming members of street gangs.
A03651 BURLING - Amd SS1310 & 1349, CPLR. Permits civil forfeiture action to recover property used in or proceeds derived from criminal activity relating to sexual performances by a child; directs proceeds be used by local social services offices for the prevention and treatment of sexual abuses against children.
VOLKER Amd S1333, CPLR. Provides for the issuance of a temporary
restraining order pending a hearing for a preliminary injunction in a
civil forfeiture action for the proceeds of a crime where it appears
that immediate and irreparable injury, loss, or damage may (rather than
will) result unless the defendant is restrained before the
ALFANO - Amd S1349, CPLR. Authorizes claiming authorities or agents to
retain electronic equipment for law enforcement purposes in civil
forfeiture actions for the proceeds of a crime; adds electronic
equipment to items such as vehicles, vessels and
Article 13A - Proceeds of a Crime - Forfeiture
A00753 PRETLOW et al. Amd SS1310 & 1311, CPLR; amd SS1193 & 401, V & T L. Requires forfeiture of vehicles for six months for a second driving while intoxicated offense and permanent forfeiture and registration denial for the third driving while intoxicated offense; prohibits the issuance of a new license where there are two driving while intoxicated convictions where physical injury has resulted from each offense.
A01294 NESBIT - Amends SS30.10, 60.22, 700.05, 40.30, 40.50, 210.40 & 710.70, add S700.75, Crim. Proc. Law; amends SS1311-a & 1313, CPLR; amends Penal Law, generally; amd S995, Exec L; adds S23, amends S1825, Tax Law. Establishes crimes for money laundering for terrorism, and the use and possession of chemical or biological weapons, and placement of devices appearing to be such weapons.
A05804 THIELE. Amd S1333, CPLR. Provides for the issuance of a temporary restraining order pending a hearing for a preliminary injunction in a civil forfeiture action for the proceeds of a crime where it appears that immediate and irreparable injury, loss, or damage may (rather than will) result unless the defendant is restrained before the hearing can be had.
PRETLOW. Amd S1349, CPLR; amd S700, County L; add S6-r, Gen Muni
Article 13 B- Civil Remedies; Enterprise Corruption
Article 14 - Contribution
S05006 DEFRANCISCO/A07493 WEINSTEIN. Adds S1405, CPLR to permit a plaintiff to recover directly against a third party defendant found to be liable to the defendant, where the latter is insolvent. We filed Report No. 37 (Hamm) on May 8, 2001, disapproving a similar bill introduced in the 2001-2002 Legislative Session.
A00231 LENTOL. Amends CPLR S1411 to provide that recovery for certain injuries or wrongful death arising out of voluntary participation in athletics shall be diminished by the percentage of culpable conduct attributable to the injured party or decedent; extends period to commence action that was dismissed but would be allowed based on this amendment. We filed Report No. 15 (Hamm) on March 11, 2003, disapproving the bill.
A07956 RULES COM - Add S1411-a, CPLR. Completely bars the recovery of damages from the victim or a person acting on behalf of the victim for personal injury sustained by a person convicted of a crime when such injury occurred during the commission of such crime or while fleeing therefrom.
S00085 MALTESE/A04460 HAYES. Adds CPLR S1411-a to completely bar the recovery of damages for personal injury sustained by a person convicted of a crime when such injury occurred during the commission of such crime or while fleeing therefrom.
S00514 BALBONI/A03958 WEISENBERG. Adds S1411-a, amd S1412, CPLR, to prohibit civil actions by convicted felons against crime victims for injuries sustained during the commission of a crime; provides that if claimant does not prevail in a civil action, the court shall award reasonable expenses to all respondents.
S04002 ALESI. Rpld & add S1413, CPLR. Prohibits recovery in tort in favor of those injured while driving drunk or committing a felony.
A04476 REILICH. Add Art 14-B SS1414 & 1415, CPLR. Provides that in any product liability action, a manufacturer or seller of a drug or medical device shall not be subject to punitive damages if the drug or medical device that caused the plaintiff's harm was subject to pre-market approval or licensure by the federal food and drug administration.
Article 14-B [New]
A00140 MORELLE. Add Art 14-B, SS1414-1424, amd S1601, rpld SS1600, 1602 & 1603, add Art 17, SS1700-1705, CPLR. Codifies provisions regarding standards and procedures for product liability actions; establishes standards for responsibility and defense available to sellers and specifies when assumption of risk shall bar an action.
Article 15 - Actions Against person Jointly Liable
S02944 VOLKER. Rpld Art 16 SS1600 - 1603, S214-d, R3211 sub (h), R3212 sub (i), amd CPLR, generally; rpld S241-a, amd SS240, 241 & 1411, add S742, Lab L; amd S720-a, N-PC L; amd S388, V & T L; amd S9, add S9-a, Ct Claims Act; amd S50-e, Gen Muni L; amd S65-a, Town L; amd S6-628, Vil L; amd S474-a, Judy L; amd S9-103, add Art 18-B SS18-301 - 18-305, Gen Ob L. Enacts the "civil justice reform act " making numerous changes to provisions of law regulating civil causes of action, including requiring the filing of a certificate of merit in actions for negligence or malpractice against professions; establishes joint and several liability equitable share limitations; establishes statutes of limitations in causes of actions for product liability and the provision of defective services; repeals and reenacts provisions on civil limited liability actions; bars recovery for personal injury to criminal defendants and makes provisions regarding use of scaffolding; enacts "equine activity safety code act".
A00033 - JOHN. Amends CPLR S1602 in order to exempts parties liable for failure to obey or enforce certain child protective, domestic relations, or domestic violence orders of protection or temporary orders of protection from limited liability provisions pertaining to non-economic loss and providing for limitation of joint liability.
A00136 MORELLE, SCHIMMINGER/S01937 VOLKER -Rpld S241-a, amd SS240, 241 & 30, Lab L; rpld S1602 sub 8, amends CPLR S1603. Requires certain contractors, owners and their agents to furnish or erect devices and equipment where necessary to give reasonable and adequate protection to workers employed in construction; provides that where such devices and equipment are furnished, the devices or equipment shall be so constructed, placed and operated as to provide reasonable and adequate protection and safety; provides that if a contractor or owner complies with applicable provisions of the federal and state safety regulations, such compliance shall be prima facie proof of compliance with subdivision; provides that these provisions do not relieve a person injured in construction work from the consequences of his culpable conduct in accordance with the civil practice law and rules; makes conforming changes and repeals the current exclusion from limitations on liability which pertain to persons liable under labor law provisions regarding building construction, demolition and repair work.
S00214 BRESLIN. Add S11-108, Gen Ob L; amd S1602, CPLR; amd S4410, Pub Health L. Provides that whenever health care organizations delay, fail or refuse to approve, provide, arrange for, or pay for in a timely manner any health care service that it is contractually obligated to perform, it shall be liable for any personal injury, death or damages caused by delay, failure or refusal.
S00395 VELELLA/A05733 GOTTFRIED. Add SS11-108 & 11-109, Gen Ob L; amd S1602, CPLR; amd S4410, Pub Health L. Provides for accountability of "health care organizations" (i.e., entities, other than a health care provider, that approve, provide, arrange for or pay for health care services, including a health plan`s preferred provider organization): provides that whenever health care organizations delay, fail or refuse to approve, provide, arrange for, or pay for in a timely manner any health care service that it is contractually obligated to provide or cover for a person, it shall be liable for any personal injury, death or damages caused by delay, failure or refusal; provides that an organization shall be liable for acts by an agent, contractor, etc., for which the organization would be liable if the act were committed by the organization; imposes upon all health plan (including workers compensation and casualty insurers) the duty to exercise reasonable care when making decisions that affect the health care service of an enrollee, and in selecting and exerting influence over its employees, agents, etc., who act on its behalf regarding decisions that affect the quality of an enrollee`s diagnosis, care or treatment; prohibits organizations from requiring a health care provider to indemnify or hold it harmless for its liability; related provisions.
S05197 VOLKER. Amd SS1603 & 3018, CPLR. Relates to pleading a defense premised on the limited liability of persons jointly liable; requires such defense be pleaded as an affirmative defense.
Article 20 - Mistakes, Defects, Irregularities and Extensions of Time
VOLKER. Amd S2001, CPLR. Establishes that the provisions of the
civil practice law and rules relating to mistakes, omissions, defects
and irregularities of a non-prejudicial nature shall apply to the filing
of papers, including the filing of papers initiating
Article 21 - Papers
S05522 SALAND. A10103 PAULIN et al. Add R2103-a, CPLR. Provides that in any civil proceeding the court may, upon its own motion or upon the motion of any party, authorize any party to keep his or her address confidential from any adverse party in any pleadings or other papers submitted to the court, where the court finds such address would pose an unreasonable risk to the health or safety of a party. Chapter 111 of the Laws of 2004, effective 7/15/04.
A05589 GOTTFRIED. Amd R2106, CPLR. Provides that an affirmation of a health care practitioner may be served or filed in an action in lieu or and with same force and effect as an affidavit (changes the current reference in existing provisions from "physician, osteopath or dentist" to "health care practitioner"). We filed Report No. 27 (Ferstendig) on March 25, 2003, approving the bill.
S05612 VOLKER. Amd R2106, CPLR; add S210.46, Pen L. Provides that an affirmation of truth of a statement by any person, when subscribed and affirmed, may be used as an affidavit in a civil action; provides that a false written statement in a civil action is a class E felony.
Article 22 - Stay, Motions, Orders and Mandates
A01789 WEPRIN - Amends RR2214, 2215 & 2103, CPLR. Increases the amount of time for the filing of motions, affidavits, exhibits and memoranda of law unless some other time is provided by the rule of the local judge or justice; calculates such time limits by "business days" excluding weekends and holidays within the time limits. (CPLR Committee affirmative legislative proposal.)
S04878 VOLKER/A02913 KLEIN - Amd R2214, CPLR. Requires a party seeking an order to show cause to specify clearly why he or she is proceeding via an order to show cause, and not by another, less urgent, method.
Article 23 - Subpoenas, Oaths and Affirmations
S05912 VOLKER A09565 WEPRIN. Amd CPLR 2303(a) Requires a copy of any subpoena duces tecum served in a pending "civil judicial proceeding," as opposed to an "action," to also be served, pursuant to CPLR 2103, on each party who has appeared in the civil judicial proceeding (S5912A). Chapter 26 of the Laws of 2004, effective 4/6/04.
S05499 VOLKER/A03679 WEPRIN - Amd S2303, CPLR. Requires a copy of any subpoena duces tecum served in a pending action shall also be served on each party who has appeared in the pending action so that it is received by such parties promptly after service on the witness and before the production of books, papers and other things. Passed Assembly 6/4/03; passed Senate 6/17/03. Signed September 17, 2003, Chapter 547 of the Laws of 2003.
S04980 DEFRANCISCO/A07511 WEINSTEIN. Amd SS153, 439 & 454, Fam Ct Act; amd SS111-b & 111-p, Soc Serv L; amd SS2302, 2304 & 2307, CPLR. Clarifies and extends the role of support magistrates in child support and paternity proceedings in family court.
A00185 KAUFMAN. Amends CPLR S2306 to authorize the use of a transcript or reproduction of a record certified as correct by a person authorized to receive service under article three of the civil practice law and rules where a subpoena duces tecum is served upon a physician practice. We filed Report No. 10 (Greenspan) on February 25, 2003, approving the bill with suggested modifications.
TOCCI - Add Art 7-A SS219-a - 219-f, Lab L; add S2306-a, CPLR.
A05018 GOTTFRIED. Amd S18, Pub Health L; amd S33.16, Ment Hyg L; amd SS2306 & 8001, CPLR. Grants access to confidential medical records to contractors, subcontractors, affiliates and subsidiaries of health care providers and mental hygiene facilities which receive, maintain, copy or transmit patient information or medical records on behalf of the health provider or facility; for purposes of access to medical records, includes pharmacists within the definition of "health care practitioner"; provides for the imposition of increased fees for copies of medical records provided to persons other than the patient for purposes other than the ongoing care of the patient; such fees shall be annually adjusted to reflect the consumer price index.
A03346 WEPRIN/S01385 VOLKER - Amd S2306, CPLR; amd S18, Pub Health L. Provides that notwithstanding the provisions of the public health law, no other fee other than those authorized by section 2303 (a) of the civil practice law and rules may be exacted or levied for the production of records relating to the condition or treatment of a patient; relates to access by an adverse party to medical records.
A06127 SANDERS - Amd S2307, add S4509-a, CPLR. Imposes the same standards with respect to issuance of a subpoena upon a retail establishment or retailer which sells written material as currently applicable to libraries; keeps records and receipts of customer purchases created during the ordinary course of business by retail establishments and retailers of written materials which contain names, credit card information, checking account numbers or other personally identifying details confidential, except when pursuant to a subpoena, court order or where otherwise required by statute
S03948 ROBACH/A05983 ABBATE - Amd S2307, CPLR. Provides that the provisions relating to the issuance of subpoena duces tecum are not applicable to subpoena duces tecum returnable before an arbitrator with respect to arbitrations between a public employer and a recognized or certified employee organization.
Article 25 - Undertakings
A02608 GIANARIS/S02469 ONORATO - Add S2514, amd R6312, CPLR. Provides that undertakings relating to certain electric generating facilities shall exclude actions relating to the siting, construction or development of facilities not subject to review pursuant to provisions of the public service law.
Article 30 - Remedies and Pleading
S00469 HANNON. Amends CPLR 3012-a to mandate that the failure to timely file a certificate of merit in a medical, dental or podiatric malpractice cause of action shall require that such action be dismissed with prejudice.
A01544 WRIGHT - Amd Ed L, generally; amd SS206-a, 238, 579, 585, 2801-b, 2803-d, 2805-k, 3302 & 3515, Pub Health L; amd SS365-a, 365-g & 413, Soc Serv L; amd S1212-a, Tax L; amd S404-a, V & T L; amd SS1204 & 1302, Lim Lil L; amd S1.03, Ment Hyg L; amd S50-d, Gen Muni L; amd SS3216, 4235, 4301, 5501, 5502, 5505 & 5506, Ins L; amd SS1504 & 1526, BC L; amd SS3012-a & 4504, CPLR; amd S396-d, County L; amd Work Comp L, generally. Changes the name of practitioners of podiatry from podiatrists to podiatric physicians in numerous provisions of law.
S03552 KRUGER. Amd S3017, CPLR. Provides that the amount of damages sought in a negligence cause of action shall not be stated in the complaint, cross claim, interpleader complaint and third-party complaint; provides that the party against whom such action is brought may, at any time, request a supplemental demand which states the total damages sought by the pleader. We filed Report No. 65 (Knapp) on June 3, 2003, disapproving the bill.
S04404 DEFRANCISCO/A08827 RULES COMM. Amd S3017 & R4016, CPLR. Eliminates demands for the amount of damages in all actions for personal injuries or wrongful death; allows an attorney in an action to recover damages for personal injuries or wrongful death to make reference, during opening statement and/or closing statement, to a specific dollar amount that the attorney believes to be appropriate compensation. Passed Senate 6/17/03; Passed House 6/19/03. Signed October 28, 2003, Chapter 694 of the Laws of 2003.
A06414 DINOWITZ - Amd S3017, CPLR. Authorizes a court to award treble damages in cases where a jury finds that a physician, dentist or other medical professional was under the influence of drugs or alcohol when he or she engaged in the negligent conduct that caused injury.
Article 30-A - Procedures for Simplified Case Resolution [Proposed]
A02930 SCHIMMINGER - Add Art 30-A SS3050 - 3056, CPLR. Allows for simplified case resolution, where authorized, to be available in an action for money damages only where the amount sought to be recovered does not exceed $75,000, exclusive of interest and costs.
Article 31 - Disclosure
A01159 KAUFMAN/S00604 SALAND - Amends CPLR S3101 to statutorily establish the time periods for responses to an expert witness disclosure request, subject to the penalty of preclusion if not complied with; excludes treating physician or other treating health care provider whose records and reports have been timely provided from the definition of "expert witness".
A01363 WEPRIN/- Amends S3101, CPLR. Sets the criteria for determining when film, video, audio, or photos made after the commencement of an action must be disclosed, stating that such disclosure does not have to be made until after the party has had a fair opportunity to depose the person depicted in such film, video, audio, or photo, unless otherwise ordered by the court. Original legislation of the CPLR Committee.
S04898 SKELOS. Amd S3101, CPLR. Provides that surveillance evidence shall not be disclosed until after the party against whom the evidence is proffered has been deposed.
A06940 SWEENEY - Amd S3101, CPLR. Eliminates current provision which allows a party in a medical, dental or podiatric action to omit names of medical, dental or podiatric experts in responding to a request for pretrial disclosure regarding experts.
S04955 DEFRANCISCO. Amd S3101, CPLR. Provides that disclosure of expert witness information shall be sixty days prior to trial.
S05194 VOLKER. Amd S3101, CPLR. Provides that, in a commercial action involving $250,000 or more, the court may order the deposition of an expert witness prior to trial; requires the expense of such deposition to be paid by the moving party.
A02012 CALHOUN - Amd S3102, CPLR. Prohibits the discovery, by a subpoena duces tecum, of an adversary witness' identity or address prior to trial; prevents the early disclosure of names and addresses of adversary witnesses.
S05007 DEFRANCISCO. Amd SS3101 & 3117, CPLR. Permits a party to take testimony without court order of his or her own treating physician, dentist or podiatrist for the purpose of preserving medical testimony for use at trial.
A02305 SWEENEY/S02995 DEFRANCISCO - Amd S3103, add Art 31-A SS3141 - 3143, CPLR. Enacts the "sunshine in disclosure act" which relates to the protection from disclosure of trade secrets which are not pertinent to public hazards; substantially affected person has standing to contest an order, judgment, agreement or contract that violates this act; exempts trade secrets from disclosure; provides that any agreement or contract involving the state or any municipality which conceals a public hazard is void as contrary to public policy and may not be enforced. We filed Report No. 17 (Hamm) on March 11, 2003, disapproving the bill.
A07017 WEINSTEIN - Amd S3103, add Art 31-A SS3141 - 3143, CPLR. Enacts the "sunshine in litigation act"; prohibits court from entering an order or rendering a judgment which has the purpose or effect of concealing a public hazard or any pertinent information that would identify a public hazard; also prohibits nondisclosure of information which may be useful to the public in protecting their person or property from injury that may result from contact with a public hazard; protects trade secrets and information which is otherwise confidential; voids contracts and agreements, including settlement and litigation resolution agreements, which conceal any such information; grants right of action to any substantially affected person, including the press, to enforce such provisions; requires public notice of any settlement in which a governmental entity agrees to pay a tort plaintiff more than $5,000.
S03051 MORAHAN. Amd S3104, CPLR. Enacts the "Lydia Peikon Cotz act"; provides domestic violence victims and crime victims with supervision while taking depositions; directs the court to provide a secure location within the courthouse, and a court officer, for such persons taking depositions.
S00662 VOLKER. A8334. Amd R3113, CPLR. Allows parties to stipulate to, or the court to order upon application, the taking of depositions by telephone or other remote electronic means; provides that no such court order shall deprive a party of the right to take a deposition at a place specified by the CPLR nor shall it entitle a witness, over objection of any party, to appear for a deposition at a place other than as specified in CPLR; provides that unless otherwise stipulated, additional costs of conducting deposition by telephonic or other remote electronic means shall be borne by the party requesting that the deposition be taken by such means. We filed Report No. 3 (Blair) on February 10, 2003, approving the bill. Chapter 66 of the Laws of 2004, effective 1/1/05.
A02633 LOPEZ - Amd R3113, CPLR. Provides that depositions may not be taken before certain delineated persons; voids depositions taken in conflict with such provisions; not applicable to a contract for court reporting services of the US or NYS.
A02912 KLEIN - Amd RR3113 & 3115, CPLR. Makes various provisions regarding the taking of depositions in civil cases including prohibiting an attorney from interrupting a deposition to communicate with the deponent except under narrow circumstances. We filed Report No. 12 (Aloe/Critelli) on February 28, 2003, approving the bill.
S02931 HANNON. Amd S18, Pub Health L; amd S33.16, Ment Hyg L; amd S3122, CPLR. Expands the application of the provisions of law relating to access to patient medical records to includes restrictions on the agents of health care providers; includes pharmacists and midwives within the definition of health care provider for purposes of medical records; changes the fees which may be imposed for the provision of medical records and provides for annual adjustments to such fees.
S04433 FUSCHILLO/A03547 GIANARIS - Amd S3126, CPLR. Establishes a penalty of $1,000 for each intentional destruction, mutilation or significant alteration of a medical record by a party to a medical malpractice action, or by any officer, director, member, employee or agent of such party; also establishes a cause of action on behalf of any person injured as the result of such destruction, mutilation or significant alteration.
Article 32 - Accelerated Judgment
S05195 VOLKER/A02907 KLEIN - Amd R3211, CPLR. Relates to requiring leave to replead; further permits the party seeking dismissal of a claim or defense to elect whether to attack the pleading on the law, or to seek immediately a substantive victory on a claim that the pleader has no viable cause of action.
S05235 VOLKER/A05301 WEPRIN. Amd RR3211, 3212 & 2215, CPLR. Relates to the timing of summary judgement motions; permits a party to move for summary judgement before issue has been joined; conforms the time for the defendant to answer; and prohibits a party from moving for summary judgement on the shortened notice allowed for a cross-motion except in response to a motion for summary judgement. Original legislation of the CPLR Committeee.
A04345 SCHIMMINGER - Amd S3213, CPLR. Expands basis upon which a motion for summary judgment in lieu of filing a complaint may be made so as to include additional causes of action and alters other civil procedures for the purpose of eliminating procedural wrongdoing in commercial proceedings.
A02908 KLEIN - Amd R3214, CPLR. Provides that service of a notice of motion for summary judgment shall stay only disclosure notice after the date of service of such motion and such disclosure shall be stayed for a period of 120 days from the date of service unless the court orders otherwise; in a proper case, the court on motion, in its discretion may stay disclosure until the summary judgment motion is determined.
S05193 VOLKER/A08575 RULES COMM. Amd S3215, CPLR. Authorizes a plaintiff, in cases where there are multiple defendants some of whom default, to sever the defaulting defendants and separately proceed against such defendants.
VOLKER Amd SS3215 & 5020, CPLR. Provides that in applications for
judgment by default where the state of New York is the plaintiff, allows
for the submission of proof by affidavit by an attorney from the office
of the attorney general; provides that regarding the $100 penalty
against a judgment creditor for failing or refusing to file a
VOLKER. Rpld & add RR3216 & 3404, CPLR Allows court to address the
unreasonable neglect to proceed by a party in an action for which no
note of issue has been filed; permits 90 day demand to be served by
regular mail; allows court or the demanding party to request the service
and filing of either a note of issue or a written request for a
A00493 BRODSKY. Amends CPLR S3218 to prohibit any confession of judgment, security interest, or lien on a primary residence arising from professional services rendered by an attorney in a matrimonial action unless (1) client is so advised, (2) other party in case is given notice and the judge approves of the agreement, and (3) the judge finds no other means of securing payment of the fee.
S00483 SALAND/A06175 KAUFMAN - Amends CPLR 3218 to provide that conviction for violent or property crimes under article 120, 130, 135, 150, 155, 156, 160, 165, 170 or 176 of the penal law shall be considered a confession of civil liability in subsequent civil action against the criminal defendant.
A00626 GRANNIS. Amends CPLR 3221. Allows the court to impose certain monetary sanctions when claimant fails to accept a fair and equitable offer of compromise.
S03739 VOLKER. Amd R3221 & S5001, CPLR. Relates to offers to compromise; provides for in an action for personal injury, interest on the sum awarded shall be computed from a date of one year after the date on which the action was commenced, but shall be based exclusively on special and general damages incurred to the date of such verdict, report or decision; makes related provisions.
S04244 MEIER/A06707 KAUFMAN - Amd R3221, S5001, CPLR. Permits pre-judgment interest in personal injury actions including product liability, contract actions, actions regarding possession or enjoyment of property and equitable actions; stops running of interest at an offer of compromise without more favorable judgment; specifies times from which such interest is to be computed in various actions.
Article 34 - Calendar Practice; Trial Preferences
A02042 O'CONNELL - Rpld R3403 sub (a) P5, CPLR. Eliminates the trial preference for an action to recover damages for medical, dental, or podiatric malpractice.
Article 40 - Trial Generally
S06651 DEFRANCISCO. Amd CPLR 4016(b). Relates to not allowing reference to specific amounts by attorneys during opening statements in civil lawsuits. Chapter 372 of the Laws of 2004, effective 8/17/04.
Article 41 - Trial by Jury
S05628 RULES COMM. Amd R4111 & S5031, CPLR. Relates to itemized verdicts in medical, dental or podiatric malpractice actions and actions to recover damages for personal injury, damage to property or wrongful death.
S05697 RULES COMM./A09119 RULES COMM. Rpld & add R4111 sub (d) & S5031, rpld 5035, CPLR. Relates to itemized verdicts and awards of future damages in medical, dental and podiatric malpractice actions. Passed Senate 6/19/03; passed Assembly 6/20/03. Signed June 26, 2003, Chapter 86 of the Laws of 2003.
A03483 WEISENBERG - Rpld S4545 subs (a) & (b) & R4111 subs (d) & (e), amd S4213, CPLR. Relates to equalizing the treatment of collateral sources in tort actions.
A06681 CARROZZA - Amd S4317, CPLR. Provides for furnishing of transcript of hearing before a referee in a reference to determine to all parties involved.
Article 44 - Trial Motions
Article 45 - Evidence
S00255 SKELOS. Add S4502-a, CPLR; amd S1046, Fam Ct Act. Deems communications between a parent, guardian or legal custodian and child to be privileged and considered confidential communication; provides exceptions for such privilege.
S04934 SKELOS. Add S4502-a, CPLR; amd S1046, Fam Ct Act. Creates an evidentiary privilege for parent-child communications in civil, criminal, and family court cases, except child abuse and neglect; defines a child as a person of any age.
S00287 LAVALLE/A04018 SWEENEY. Add Art 37-A SS3705 - 3707, 230-d, amd SS230 & 238, Pub Health L; amd SS6500, 6523, 6530 & 6531, add Art 132-A SS6575 - 6578, Ed L; amd S4504, CPLR. mandates the licensure of persons engaged in the profession of genetic counseling; makes definitions and creates a genetics advisory council.
A0039 WEINSENBERG/S01108 VOLKER. Adds CPLR S4505 to provide that communications between police union officials and police union members shall be privileged and confidential. We filed Report No. 11 (Kelly) on February 28, 2003, disapproving the bill.
S01064 VOLKER/A05281 LENTOL - Add S4501-a, amd S4503, rpld S4504 sub (c), CPLR. Requires disclosure of confidential communications to the personal representative of a decedent or person under disability; extends to such personal representative the same confidential communications privilege the communicant would have had, had he or she not died or become disabled; authorizes disclosure of such communications in civil cause of action upon court order if harmful.
PAULIN - Add S4505-a, CPLR. Provides for a limited evidentiary privilege
for participants in parent education programs certified by the New York
state parent education advisory board (created by administrative order
of the chief administrative judge) with
S07613 LIBOUS/A09102 RULES COMM. Amd S4508, CPLR; amd S400.27, CP L; amd SS115-d & 116, Dom Rel L; amd SS6507 & 7701 - 7707, Ed L; amd S544-a, Exec L; amd SS3221 & 4303, Ins L; amd SS7.35, 9.37, 9.58, 13.35 & 19.35, Ment Hyg L; amd S130.00, Pen L; amd SS2803-d & 2982, Pub Health L; amd S383-c, Soc Serv L; amd S121-1502, Partn L; add S9-a, Chap 420 of 2002. Makes conforming changes to reflect the practice of licensed clinical social work; relates to the use of the title certified social worker; relates to actions against persons rendering professional services at the request of the office of mental health. Chapter 230 of the Laws of 2004, effective 7/27/04.
S05406 VOLKER. Add R4510-a, CPLR; add S39-c, Judy L; amd S17, Pub Off L. Provides that communications made in connection with any court-annexed mediation or neutral evaluation shall be confidential; grants civil immunity to neutral parties in alternative dispute resolution; such neutral shall be defended by the attorney-general in any such suit.
A05082 WEISENBERG. Add S4510-a, CPLR. Makes communications between a client and a peer support team member privileged; defines terms; sets out limited circumstances on which the communications may be divulged.
A07440 WRIGHT - Add S4517-a, CPLR. Codifies as an exception to the hearsay rule of evidence statements made under the belief of impending death.
A07441 WRIGHT - Add S4518-a, CPLR. Provides that offers to plead guilty or pleas of guilty, later withdrawn are inadmissible in civil trials
A03921 CLARK/S01701 MONTGOMERY - Add S4519-a, CPLR; add S60.47, CP L. Provides that possession of a condom may not be received in evidence in any trial, hearing or proceeding as evidence of prostitution, patronizing a prostitute, promoting prostitution, permitting prostitution, maintaining a premises for prostitution, lewdness or assignation, or maintaining a bawdy house.
VOLKER. Rpld S4519, CPLR; rpld S2104 sub 6, S2307-a sub 9
(b) sub (iii), SCPA. Repeals section 4519 of the civil
practice law and rules relating to personal
S07028 DEFRANCISCO. Amd CPLR 4532-a. Expands admissibility of advanced medical or diagnostic tests to all actions or proceedings where such evidence may be relevant, not just personal injury actions (S7028A). Chapter 375 of the Laws of 2004, effective 1/1/05.
A04998 KAUFMAN. Amd S235-b, RP L; add R4533-c, CPLR; add S302-d, Mult Dwell L; add S305-b, Mult Res L. Provides that a court may establish the measure of damages in an action for breach of implied warranty of habitability in a lease or rental agreement of real property for residential purposes without proof of damages, as long as the damages are consistent with guidelines provided by the appropriate department charged with the enforcement of laws in relation to multiple dwellings and by the state division of housing and community renewal.
NESBITT - Amd S1195, V & T L; add R4535, CPLR. Provides that
evidence of the alcohol or drug content of a person`s blood shall be
admissible in a trial for driving while impaired or intoxicated if such
evidence is acquired or obtained during the course of administering
medical treatment for injuries sustained by such person, whether or not
the person was under arrest at the time of the test; authorizes
admission of such evidence of
S00622 VOLKER - Rpld S4545 subs (a) & (b) & R4111 subs (d) & (e), amd S4213, CPLR. Relates to equalizing the treatment of collateral sources in tort actions.
A02386 O'CONNELL - Add S60.41, CP L; add S4549, CPLR. Provides for the admission of evidence of proof of other sex offenses in criminal and civil proceedings involving the commission of a sex offense; provides for procedures therefor.
S03651 OPPENHEIMER Add SS296-b & 296-c, amd S297, Exec L; add S4549, CPLR; add S78-a, Civ Rts L. Makes various provisions relating to the prevention and redress of sexual harassment: defines the term "sexual harassment" in accord with federal EEOC; provides that it shall be an unlawful discriminatory practice for an employer, licensing agent, employment agency, labor organization or joint labor-management committee controlling apprentice training programs to engage in the sexual harassment of an employee (making such sexual harassment actionable under the human rights law); requires employers (those who employ 4 or more persons) to adopt, post & disseminate a sexual harassment policy containing certain specified elements, and to adopt an internal complaint procedure; requires the commissioner of human rights to promulgate implementing regulations, including a model policy; makes employers strictly liable for acts of sexual harassment by supervisory employees, and liable for such acts by other employees if the employer knew or should have known of such acts (unless it took immediate corrective action); provisions relating to punitive damages and awards of attorneys fees; related provisions.
A04622 WEINSTEIN. Amd S454, Fam Ct Act; amd S237, Dom Rel L; amd S5001, CPLR. Provides for the payment of compensatory damages in cases of willful violation of an order of support for a child or spouse and for interest on prejudgment arrears in a case of nonpayment of child support or combined child and spousal support.
S03739 VOLKER. Amd R3221 & S5001, CPLR. Relates to offers to compromise; provides for in an action for personal injury, interest on the sum awarded shall be computed from a date of one year after the date on which the action was commenced, but shall be based exclusively on special and general damages incurred to the date of such verdict, report or decision; makes related provisions.
A06707 KAUFMAN - Amd R3221, S5001, CPLR. Permits pre-judgment interest in personal injury actions including product liability, contract actions, actions regarding possession or enjoyment of property and equitable actions; stops running of interest at an offer of compromise without more favorable judgment; specifies times from which such interest is to be computed in various actions.
A02242 CALHOUN - Amd S5004, CPLR; amd S3-a, Gen Muni L; amd S157, Pub Hous L; amd S16, St Fin L; amd S1, Chap 585 of 1939. Establishes a "floating" rate of interest to be paid by individual as well as public and private corporations upon judgments or accrued claims; provides that such rate shall be published by the commissioner of taxation and finance.
S01438 VOLKER - Amd S5004, CPLR; amd S5-4.3, EPT L; amd S16, St Fin L. Establishes a formula for calculating the rate of interest on judgments, including interest on judgments and accrued claims against the state, and wrongful death actions in accordance with certain provisions of tax law calling for a flexible, floating rate (i.e., at the federal short term rate plus two percentage points); replaces current provisions calling for a fixed 9% interest rate on judgments and accrued claims against the state).
A08008 RULES COM - Add S2986, Pub Auth; add S5022, CPLR. Relates to unenforceable liability exclusions in connection with window guards; provides that any release or waiver purporting to limit or avoid liability of an individual, firm, partnership, public or private corporation, public or private institution, public authority or municipal corporation shall be void as against the public policy of the state and wholly unenforceable in cases where such release or waiver relieves liability from the responsibility to provide window guards.
RULES COMM. Amends SS5031 & 5041, CPLR.
Provides that annuity payments on judgments shall be calculated by
A02244 CALHOUN - Add Art 50-C SS5051 & 5052, CPLR. Defines "noneconomic damages" and limits such damages in personal injury actions to the greater of $250,000, or the amount awarded in economic damages, or projected earnings as a function of the state average annual wage as determined by the department of taxation and finance; specifically defines such damages.
A07054 NESBITT - Add Art 50-C SS5051 & 5052, S214-f, Art 14-B SS1420 - 1422, rpld & add Art 16 SS1600 - 1603, S214-d, amd SS3012-a & 214, rpld R3211 sub (h), R3212 sub (i), CPLR; amd SS240, 241 & 30, rpld S241-a, add S742, Lab L; amd S388, V & T L; add Art 4-A SS60 - 62, Gen Muni L; amd S9, add S9-a, Ct Claims Act; amd S9-103, add Art 18-B SS18-301 - 18-305, Gen Ob L; add S1181, RPT L. Provides for a limitation of non-economic damages in certain personal injury cases; relates to the exemption of tax districts from obligation or liability with respect to pre-existing environmental contamination or pollution; relates to liability of public entities; relates to civil actions against professionals; relates to the duty to keep premises safe for certain uses and to enacting the equine activity safety code act; relates to specific defenses for product liability actions; relates to the disclosure of employment related information.
Article 51 - Enforcement of Judgments and Orders Gen.
A04285 WEINSTEIN - Amd SS236, 240 & 240-c, add S240-d, Dom Rel L; amd SS111-n, 111-r, 111-c, 111-3, 131-a & 366, add S111-w, Soc Serv L; amd SS440, 413-a & 580-307, Fam Ct ct; amd S4135, Pub Health L; amd S5101, CPLR; amd SS260.05 & 260.06, Pen L. Enacts the child support enforcement improvement act; creates new procedures for the federal parent locator service by setting criteria for entering a family violence indicator.
Article 52 - Enforcement of Money Judgments
S00771 MARCELLINO/A06413 DINAPOLI - Add Art 14-B SS696 - 696-i, Ed L; add S79, St Fin L; amd S5205, CPLR; amd SS612& 658, Tax L. Establishes the New York state prepaid college program; creates the New York state prepaid college trust fund and the prepaid college board; grants powers and authority to the comptroller and the state higher education services corporation; describes the administration of the prepaid college program.
S04513 RATH. Amd S5205, CPLR. Exempts personal computer and necessary support devices, not in excess of three thousand dollars in total value, from execution, garnishment, attachment or any other process.
A06032 SCHIMMINGER - Amd S5205, CPLR. Provides that an engagement ring not exceeding two thousand dollars in value shall be exempt from application to the satisfaction of money judgments.
S05115 NOZZOLIO. Amd S632-a, Exec L; amd S20, Ct Claims Act; amd S8, St Fin L; amd SS116 & 500-c, Cor L; amd S70, Gen Muni L; amd S2222-a, SCPA; amd S5205, CPLR. Relates to inmates` accounts; eliminates the mandatory publication of legal notices; creates an automatic hold on an inmate`s accounts; requires payment of any funds to be made through an inmate`s account; conforms the surrogate`s court notice obligation.
A04775 WEINSTEIN. Amd SS5205 & 5206, CPLR; amd S282, D & C L. Raises amounts of various asset exemptions from application to the satisfaction of money judgments; raises the amount for exemption purposes from $2,400 to $5,000 for automobiles and from $10,000 to $50,000 for the homestead.
S02883 VOLKER/A07497 WEINSTEIN. Amd S5221, CPLR. Limits the venue of a proceeding to enforce a judgment obtained in an action involving a consumer credit transaction; takes effect ninety days after becoming a law.
S02878 VOLKER. Amd SS5222 & 5232, CPLR. Provides notice to all holders of an interest in banking or brokerage accounts of a garnishment of or execution on the account; provides a means whereby persons other than the judgment debtor may take appropriate action to protect their rights.
A07312 BRENNAN - Amd S5222, CPLR. Provides that leave of court shall only be required for serving a subsequent notice of a restraining order when such order is served within a twelve month period of another notice.
TOKASZ - Amd SS5231 & 5241, CPLR. Grants certain persons authority to
recover costs associated with complying with income execution orders;
allows such persons to retain up to five percent of the amount of
withholding installment to defray costs associated therewith; such
amount up to five percent shall be deducted from the balance of the
moneys due the judgment debtor and shall not be deducted from the the
amount due the
S02206 KRUGER. Amd S5241, CPLR. Specifically includes income executions in equitable distribution actions.
A02040 O'CONNELL - Amd S420.10, CP L; amd SS5241 & 5242, CPLR. Authorizes the enforcement of orders of restitution and reparation by allowing designated collection agencies, with court approval, to institute civil actions, and permits income execution collection of debtor's wages directly from employer; additionally, authorizes enforcement measures identical to those used for support award enforcement; increases up to fifty percent the amount that may be withheld from wages.
RULES COMM. Amd SS413-a, 516-a & 565, Fam Ct Act; amd S240-c, Dom Rel L;
amd SS111-h, 111-k & 111-n, Soc Serv L; amd S4135-b, Pub Health L; amd
SS5241 & 5252, CPLR. Clarifies duty of local support collection
units to submit affidavits with proposed cost of living adjustment
orders; requires minor parents to
A04623 WEINSTEIN. Amd S5242, CPLR. Requires that the form of income deduction orders for support enforcement conform to federal ERISA statutory criteria for becoming "qualified domestic relations orders" under the statute, thereby permitting the use of pension benefits for payment of an order of support enforcement in this State.
Article 54-A [New] - Interstate Docketing of Judgments between the States of New York and New Jersey
Article 55 - Appeals Generally
A01362 WEPRIN/S02407 SKELOS - Amends SS5512, 5513 & 5515, CPLR. Allows an appeal to be taken from a signed order or judgment before such order or judgment is entered. (CPLR Committee affirmative legislative proposal.)
A02915 KLEIN - Amd S5519, CPLR. Provides that the automatic stay granted municipal corporations or municipalities when appealing judgement or order stays only proceedings for the enforcement of the order that was the subject of appeal.
S05008 DEFRANCISCO. Amd S5519, CPLR. Provides that the automatic stay appeal granted to municipal corporations and municipalities shall apply only to enforcement of a judgement or order and not to unaffected lower court proceedings.
S05274 VOLKER/A08740 RULES COMM. Amd S5519, CPLR. Excludes judgments, orders or decrees issued in a matrimonial action with provisions for maintenance or child support from a stay of enforcement without a court order.
Article 56 - Appeals to the Court of Appeals
S01112 VOLKER - Amd S5704, CPLR. Provides for a stay of enforcement pending the determination of a motion, when a political subdivision or the state seeks appellate review of an order granted without notice, however, the appellate court in which the motion is made may vacate, limit or modify such stay. We filed Report No. 14 (Juhase) on March 11, 2003, disapproving the bill.
A04142 NORMAN - Amd S5704, CPLR. Provides that an application to receive an ex parte order to vacate or modify an order, made without notice to an adverse party, shall be made to the clerk of the appellate division who shall assign the motion with consideration given to venue and convenience of the litigants; provides for appellate review in non-adversary proceedings.
Article 63 - Injunction
Article 64 - Receivership
Article 65 - Notice of Pendency
S03156 KRUGER. Amd S234, Dom Rel L; amd S6501, CPLR. Requires the clerk of court to accept a notice of pendency in equitable distribution matrimonial actions.
S05045 VOLKER/A06031 SCHIMMINGER - Amd SS6514 & 6515, add SS6516 & 6517, CPLR. Provides for the mandatory and discretionary cancellation of notices of pendency; security by the plaintiff and the effect of cancellation of notices of pendency.
Article 71 - Recovery of Chattel
Article 74 - Uniform Mediation Act
VOLKER - Add Art 74 SS7401 - 7411, CPLR. Establishes the uniform
mediation act; establishes that a mediation communication is privileged
and is not subject to discovery or admissible in evidence unless waived
or precluded; prohibits certain reports to be made by mediators;
establishes that mediation communications are confidential; requires
Article 75 - Arbitration
A00096 LENTOL - Amends CPLR S7511 to provide that a court shall modify an arbitration award if the award is subject to a valid offset provision.
A03575 WEPRIN - Amd S7502, CPLR. Provides that where an arbitration proceeding is brought in a county which is not proper, the respondent may have the venue of such proceeding changed to any county that is proper; the failure of a respondent to seek such change of venue shall cause such improper county to become the proper place of venue for such proceeding. We filed Report No. 6 (Aloe) on February 25, 2003, approving the bill.
A07313 BRODSKY- Add S521, BC L; add S1105, Lim Lil L; add S6, Partn L; add S2802-a, Pub Auth L; add S7515, CPLR; amd SS208 & 612, Tax L; amd Gen Bus L, generally. Enacts the "investment banking and research reform act"; adds numerous provisions to the Martin Act to regulate various aspects of the securities industry; directs the attorney general to promulgate numerous regulations to that end and adds to the attorney general's enforcement duties; creates crimes; provides for private rights of action; regulates arbitration; limits tax deductions; authorizes punitive damages.
S05365 GOLDEN/A08922 RULES COMM. Add S4515-a & Art 75-B SS7580 - 7583, CPLR; add S84-b, St Fin L; add Title 11-E SS369-ff - 369-ii, Soc Serv L. Provides that the personal liability of obstetricians and gynecologists for non-economic and actual economic loss be limited in certain cases to 250,000 dollars; establishes impaired infant compensation fund to pay for loss above 250,000 dollars in some cases; provides for payment of medical and other expenses of an "impaired infant".
Article 76 - Proceeding to Enforce Agreement for Determination of Issue
S00324 DEFRANCISCO/A04526 GRANNIS. Amd S3404, Ins L; amd S7601, CPLR. Allows the court to compel the parties to submit to the appraisal process as set out in a standard fire policy regardless of any dispute raised concerning scope of coverage or scope of loss.
Article 78 - Proceeding Against Body or Officer
S04933 DEFRANCISCO. Rpld & add Art 19 SS750 - 756, amd SS476-a, 485 & 519, Judy L; amd S7801, CPLR; amd SS722 & 722-a, County L; Amd S245, Dom Rel L; amd S210, Civ Ser L; amd SS606 & 607, SCPA. Repeals provisions relating to contempt of court and adds new provisions relating to contempt of court; defines contempt of court; describes punitive contempt and establishes fines.
A05361 STRINGER. Add Title 27 Chap 2 Subchap 2 Art 15 SS27-2056.51 - 27-2056.63, NYC Ad Cd. Requires the licensing of building managers of multiple dwellings; prohibits owner from operating a multiple dwelling without a licensed manager; provides for unrestricted license for dwellings of six units or less; requires managers to take building management course with minimum number of hours of classroom work conducted or approved by department of buildings; provides for determining competency to receive license; duties of owner; how to apply for license; license fees; issuance; revocation and suspension of license and fines; hearings; complaints by tenants, residents or occupants of building; judicial review of department of building's decision to grant, refuse to grant or renew and in revoking or suspending license of building manager to be brought under article 78 of the CPLR; exempts NYC housing authority from licensing provisions.
A06230 SANDERS - Add S50-f, Civ Rts L. Prohibits disclosure of public records, in the interests of privacy, when they are sought for purposes not connected to the purpose for which they exist; provides explicit exceptions for various legitimate purposes; does not supersede the "Freedom of Information Law" (FOIL); provides for appeal of denials pursuant to article 78 of the CPLR; grants a private right of action to persons aggrieved by wrongful disclosures.
S05566 RULES COMM./A08994 RULES COMM. Amd S4404, Ed L; amd S7803, CPLR. Requires that a review of a final order of a state review officer be commenced pursuant to article four of the CPLR and removes the review of such determination from the provisions of article seventy-eight of the CPLR. Signed September 9, 2003, Chapter 492 of the Laws of 2003.
VOLKER. Amd SS7804 & 307, CPLR. Relates to pleadings in special
proceedings pursuant to article 78 of the civil practice law and rules
(proceeding against officer or body); permits a respondent to demand
that the petitioner serve papers on which it will rely before the
respondent answers or moves; further clarifies that service upon the
Article 80 - Fees
RULES COMM. Amd S8010, CPLR; amd S99-m, Gen Muni L. Provides for
an increase in fees payable to the treasurer of a county or the
A01409 WEINSTEIN/S00759 VELELLA - Amd S1611, NYC Civ Ct Act; amd S8011, CPLR. Increases the fees sheriffs are entitled to receive for service of certain instruments and provides that city marshalls shall pay an annual fee to the city of New York where such city marshall has served for any portion of a calendar year. Signed March 10, 2003, Chapter 11 of the Laws of 2003.
A01909 MC ENENY/S01515 MAZIARZ - Add S8018-a, CPLR. Entitles a county clerk to a non-refundable fee of ten dollars for any document submitted for recording that requires a cover page, payable in advance; provides that no fee shall be charged for a cover page in any county clerk`s office that a cover page is not authorized or required.
A02721 BARRAGA/S01231 TRUNZO - Amd S825, Lab L; add S99-i, St Fin L; amd S8018, CPLR. Establishes a displaced homemakers fund constituting a state special revenue fund, monies of which shall be available generally for costs and expenses of the commissioner of labor in administering the provisions of the labor law relating to displaced homemaker expenses; provides such fund shall be composed of a special $10 fee charged in matrimonial actions.
S03005 MONTGOMERY/A06641 WEINSTEIN - Amd S825, Lab L; add S99-i, St Fin L; amd S8018, CPLR. Provides that certain monies received by the comptroller be deposited into a special revenue fund to be known as the displaced homemakers fund; institutes an additional $10 fee for initiating a matrimonial action, such funds shall be deposited in the fund; provides further that such monies be made available generally for costs and expenses of the commissioner of labor in administering the provisions of the displaced homemakers act.
A06207 BUTLER - Amd SS8018 & 8020, CPLR. Provides for exempting cases originating in a district court, city court, village court, or town court from the index number fee.
S03398 SKELOS/A06931 FARRELL - Amd SS4 & 94-a, add S97-cccc, St Fin L; amd S130, rpld subs 1, 1-a & 5, Gen Bus L; amd S8021, CPLR; amd SS203, 206, 211, 802, 1101, 1203 & 1306, Lim Lil L; amd SS121-201, 121-202, 121-902, 121-1300, 121-1500 & 121-1502, rpld S121-1502 sub (m), Partn L; amd S1301, Bus Corp L; amd S8-1.8, EPT L; amd S406, N-PC L. Requires businesses operating in this state under an assumed name to file a certificate with the secretary of state which shall include information of the locations where business is transacted, the names of the principals of the business and the type of business organization; authorizes individuals, partnerships and unincorporated associations to comply with such requirement by filing such certificate with the county clerk where the principal place of business is located; makes all provisions relating to operating a business under an assumed name applicable to limited partnerships and limited liability companies; imposes fees for the filing, amendment and discontinuance of such certificates; provides for the allocation of revenue derived from such fees and establishes the county clerks filing fee reimbursement account; requires the publishing of all such certificates and certain information therein to be published in local newspapers for three weeks.
S05725 RULES COM/A09171. Making certain technical amendments, among which are amendments to CPLR 8022(b) and the UCCA, UDCA, and NYCCCA concerning filing fees. Signed October 21, 2003, Chapter 686 of the Laws of 2003.
Article 83 - Disbursements and Additional Allowances
S00067 MALTESE/A05550 STRINGER. Adds CPLR S8301-a to provide for furnishing of transcript of trial for murder or homicide to the victim`s survivors at no cost to victim or survivors; provides that the expense thereof shall be chargeable to the county, or in the counties within the city of New York, a city charge, as the case may be.
S00127 ALESI/A01735 SCHIMMINGER. Adds Art. 17-B SS279-m - 279-v, Gen Bus L; amends CPLR S8303-a. Enacts the uniform trade secrets act to provide improved trade secret protection to industry; provides statutory rights, remedies and a statute of limitations to parties who have had trade secrets misappropriated.
MARCELLINO. Add Art 38-B SS825 & 826, Gen Bus L; amd S8303, CPLR.
DEFRANCISCO. Rpld & add S8303-a, CPLR. Expands the court`s authority to
award costs and impose sanctions in order to discourage frivolous
litigation; expands the court`s authority to award costs and impose
financial sanctions for frivolous conduct to any civil action or
proceeding; provides that such authority shall not apply to town or
S02341 KRUGER. Rpld & add S8303-a, CPLR; amd S803, Cor L. Authorizes the imposition of monetary sanctions in any civil action or proceeding upon a written finding of the court that a party or attorney has brought a claim or employed procedures entirely without merit and in bad faith; authorizes an additional interest at 150% of the legal rate in cases where frivolous delaying tactics had been interposed to avoid entry of a money judgment; requires notice be given of the courts view that sanctions may be called for prior to imposition of sanctions; provides for appellate review of order granting sanctions; provides that an action shall not be deemed frivolous solely because a novel or unusual argument or principle of law was advanced.
Article 97 - Records of Clerks of the Courts
S05281 KUHL/A08643 RULES COM. Amd S3, Pub Off L. Provides that the residency requirement for deputy sheriff of Tompkins County shall be waived. Signed August 5, 2003, Chapter 313 of the Laws of 2003.
S02768 MCGEE/A06489 GUNTHER. Amd S19, Gen City L; add S234-a, County L; amd S130, Town L; amd S4-412, Vil L; amd S10, Munic Home R L; amd S71, Exec L; amd S1012, CLPR. Requires any party challenging the constitutionality of a local law, ordinance, rule or regulation of a municipal corporation in any civil cause of action to which the municipal corporation is not a party, to provide notice of such challenge to the municipal corporation; likewise requires notice be given to the attorney-general by any party challenging the constitutionality of any state law, rule or regulation in any civil or criminal cause of action to which the attorney-general is not a party; directs that the attorney-general and such municipalities be authorized to intervene in any such cause of action. Signed August 5, 2003, Chapter 296 of the Laws of 2003.
A01041 CANESTRARI et al. Amd S6515, add S6516, Ed L to provide for civil enforcement proceedings and penalties for unlicensed practice of a profession; allows action to be brought in name of people of NYS; provides for cease and desist orders.
A00289 LENTOL. Amd S1113, Fam Ct Act. Makes service by the court of an order one of the events which commences the running of the limitations period for appealing family court orders; provides for associated changes in the written notice contained on family court orders regarding the running of the limitations period for appeals. We filed Report No. 52 (Uebelhoer) on May 1, 2003, approving the bill.
S00320 DEFRANCISCO. Rpld S474-a, Judy L . Repeals that restriction of the judiciary law prohibiting contingent fees and requiring a sliding scale fee for attorneys in claims or actions for medical, dental or podiatric malpractice. We filed Report No. 4 (Kreinces) on February 11, 2003, approving the bill.
A01064 CANESTRARI et al. Amends SS476-a & 476-b, Judy L to provides that actions by the attorney general for unlawful practice of law shall be construed to include both civil and criminal actions; makes conforming changes.
A00372 GROMACK et al. Amends SS201, 202, 208 & 211, UJCA. Increases the monetary jurisdiction of civil cases of justice courts from $3000 to $5000.
S03228 SPANO. Amd S105, UCCA; amd S105, CPLR. Grants the enforcement officers of city courts in the counties of Erie and Westchester, designated in lieu of the sheriff, the same functions, powers and duties as granted to sheriffs with respect to the execution of money judgments.
A00609 GANNT. Amd S1229-c, V & T L. Allows violations regarding improper restraint by seat belts or safety seats to be introduced into evidence in civil proceedings involving children sixteen years of age or less.
A00397 JACOBS et al. Adds Art 24-B SS370 - 370-e, Gen Bus L. Enacts the "Electronic Fund Transfer Privacy Act"; provides privacy protection for consumer engaging in electronic fund transfer transactions by limiting disclosure of personal information about any consumer involved in such and limiting the circumstances in which government authority may get such information; outlines procedures and limitations for obtaining such information and civil and criminal penalties for violations.
A06706 KAUFMAN. Amd S50-e, Gen Muni L. Tolls for the period of infancy of a prospective claimant the requirement that a notice of claim against a public corporation be served within 90 days after a tort claim arises, as a condition precedent to commencement of an action or special proceeding by a prospective claimant who is an infant on the date the claim arises; if such infant prospective claimant dies prior to reaching the age of majority or within the period of 90 days from the date the prospective claimant reaches the age of majority, the notice of claim would have to be served within 90 days after the appointment of a representative of the decedent`s estate. We filed Report No. 57 (Hamm) on May 27, 2003, disapproving the bill.
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