S T A T E   O F   N E W   Y O R K                   
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                                         1620                                  
                                                                               
                              2003-2004 Regular Sessions                       
                                                                               
                                 I N  A S S E M B L Y                          
                                                                               
                                   January 22, 2003                            
                                      ___________                              
                                                                               
       Introduced by M. of A. WRIGHT -- read once and referred to the Committee
         on Codes                                                              
                                                                               
       AN  ACT to amend the civil practice law and rules, in relation to termi-
         nation of an action                                                   
                                                                               
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:                                               
                                                                               
    1    Section  1.  Subdivision  (a) of section 205 of the civil practice law
    2  and rules, as amended by chapter 216 of the laws of 1992, is amended  to
    3  read as follows:                                                        
    4    (a)  New  action by plaintiff. If an action is timely commenced and is
    5  terminated in any other manner than by  a  voluntary  discontinuance,  a
    6  failure  to obtain personal jurisdiction over the defendant, a dismissal
    7  of the complaint for neglect to prosecute the action, or a  final  judg-
    8  ment  upon the merits, the plaintiff, or, if the plaintiff dies, and the
    9  cause of action survives, his or  her  executor  or  administrator,  may
   10  commence  a new action upon the same transaction or occurrence or series
   11  of transactions or occurrences within six months after  the  termination
   12  provided  that  the  new  action would have been timely commenced at the
   13  time of commencement of the prior action and that service upon defendant
   14  is effected within such six-month period. WHERE A DISMISSAL IS  ONE  FOR
   15  NEGLECT TO PROSECUTE THE ACTION MADE PURSUANT TO RULE THIRTY-TWO HUNDRED
   16  SIXTEEN  OF  THIS CHAPTER OR OTHERWISE, THE JUDGE SHALL SET FORTH ON THE
   17  RECORD THE SPECIFIC CONDUCT  CONSTITUTING  THE  NEGLECT,  WHICH  CONDUCT
   18  SHALL  DEMONSTRATE  A  GENERAL  PATTERN  OF DELAY IN PROCEEDING WITH THE
   19  LITIGATION.                                                             
   20    S 2. This act shall take effect immediately.                          
                                                                               
                                                                               
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             { } is old law to be omitted.                     
                                                                  LBD04051-01-3
.SO DOC A 1620          *END*                    BTXT                 2003