CPLR Bills in 2005/2006 Legislature

Last update 06/04/09

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

A02899 SEMINERIO.  Amd S105, add Art 17 S1700 & 1701, CPLR.  Relates to damages for non-economic loss in personal injury actions against public entities; defines public entity and non-economic loss; provides limitations for recovery of damages for non-economic loss for any injury; bill seeks to control the burgeoning costs of personal injury suits against public entities

Article 2- Limitations of Time

A02612 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.

A08705 RULES COM (Request of Markey et al). Amd S30.10, CP L; amd S208, CPLR. Establishes the period of limitation for the prosecution of a sex offense defined in article 130 of the penal law, incest or use of a child in a sexual performance committed against a person less than eighteen years of age shall not begin to run until the person has reached the age of twenty-three or the offense is reported to law enforcement or the statewide central register of child abuse and maltreatment, whichever occurs earlier; allows civil claims or causes of action brought by any person for physical, psychological or other injury or condition suffered as a result of conduct that is a sex offense as defined in article 130 of the penal law, incest or use of a child in a sexual performance committed against a child who was less than eighteen years of age at the time shall be allowed to be commenced five years after the child reaches the age of twenty-three; revives for 1 year, any such civil claim or cause of action which was barred because the applicable statute of limitations expired.

S01053 LITTLE A01983 SAYWARD. Amd S212, CPLR; amd S813, Exec L.  Establishes a ten year statute of limitations to enforce violations of rules and regulations of Adirondack park agency committed within the Adirondack park.

A05946 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.

A08756 RULES COM (Request of N. Rivera et al).  Amd S214-a, CPLR.  Provides for extending the statute of limitations for malpractice actions related to the discovery of a condition which should have been discovered by clinical diagnostic laboratory or radiological tests actually performed and either was not discovered or, if discovered, was not accurately reported.

A04088-A PRETLOW.  Amd S30.10, CP L; amd SS10.00, 20.00, 130.05, 260.10, 120.40 & 260.15, add SS260.09 & 130.95, Pen L; rpld & add S413 sub 1, amd S422, Soc Serv L; amd S208, add S213-c, CPLR.  Enacts the Child Sexual Abuse Reform Act of 2006; provides for the elimination and extension of certain statutes of limitations related to sexual offenses against children, the expansion of reporting requirements in cases of such offenses, and the expansion of the central child abuse and maltreatment register, and provides for the repeal of a provision of the social services law relating thereto.
CRIMINAL SANCTION IMPACT.

A05933 RAMOS.  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.

A01898-D DINOWITZ et al.  Add Art 136 SS136.00 - 136.12, amd SS460.10, 460.20, 230.35 & 60.27, add S40.20, Pen L; add S60.80, amd S700.05, CP L; amd SS647 & 63, add S214-c, Exec L; amd SS1310 & 1311, add SS1311-b & 213-c, CPLR; add Art 12 SS490 - 494, amd S158, Soc Serv L.  Creates several crimes addressing trafficking a person for labor or sexual servitude; provides an affirmative defense; accomplice liability; victim services, restitution, cause of action, and statute of limitations; requires a report by the division of criminal justice services and office of temporary and disability services one year from effective date on the effectiveness of laws and services to the victims of the human trafficking industry, seeks recommendations; creates an interagency advisory committee on human trafficking. CRIMINAL SANCTION IMPACT.

A07312  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.

A06996 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.

A06434  MCDONOUGH.  Amd S30.10, CP L; add S214-f, CPLR.  Abolishes the criminal and civil statute of limitations for sexual offenses committed against children including for incest and the use of a child in a sexual performance.
CRIMINAL SANCTION IMPACT.

A02197  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.

A03397 EDDINGTON. Amd S30.10, CP L; add S214-f, CPLR.  Relates to the statute of limitation for acts of childhood sexual abuse or exploitation.

S0356 JOHNSON A536 LENTOL.  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.

A00269 CANESTRARI.  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.

A08639 MANNING.  Add S65-e, ABC L; add S214-f, CPLR; add S260.22, Pen L.  Establishes a civil cause of action for supplying a minor with alcohol; establishes a two year statute of limitations; creates the crime of aggravated unlawfully dealing with a minor; alcoholic beverages; makes such crime a class E felony.  CRIMINAL SANCTION IMPACT.

A08416-A LENTOL.  Amd S30.10, CP L; add S215-a, CPLR. Allows a prosecution for certain sex offenses to be commenced within five years of the date on which it is determined that DNA directly connects the defendant to the commission of the crime; allows a claim or cause of action for physical or psychological injury sustained by a person as a result of a sexual assault to be commenced at any time when such claim is based on DNA evidence. CRIMINAL SANCTION IMPACT.

S08441 SKELOS A12012 RULES COM (Request of Paulin et al.)  Amd S30.10, CP L; add S213-c, amd S215, CPLR.  Eliminates and extends the statute of limitations for the prosecution of and for a civil claim or cause of action relating to rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree and course of sexual conduct against a child in the first degree. Chapter 3 of the Laws of 2006,  effective 6/23/2006

A05580 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.

A00898 LENTOL.  Add S215-a, CPLR.  Revives 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.

Article 3 - Jurisdiction and Service 

S04343  VOLKER A08178  A. COHEN. Amd SS105, 304, 306-a & R2102, CPLR.  Establishes a paper filed in accordance with the rules of the chief administrator or any local rule or practice established by the court shall be deemed filed; provides that a clerk shall not refuse to accept for filing any paper presented for that purpose except where specifically directed to do so by statute, rule or order of the court. CPLR Committee Legislation.  Passed Assembly 6/20/05 - Passed Senate 6/21/05.  Vetoed by Governor (Veto No. 51) 8/9/05.

S05754 MEIER A8652-A  RULES COM (Request of Weinstein et al.).  Amd SS75-g, 75-i, 75-j & 77-h, Dom Rel L; amd S302, CPLR.  Strengthens provisions of the uniform child custody jurisdiction and enforcement act with respect to service of process, communications between courts and taking of testimony in proceedings under said act. Office of Court Administration proposal.  Passed Assembly 5/22/06 - Passed Senate 6/05/06.  Chapter 184 of the Laws of 2006,  effective 07/26/2006.

A04615 DINOWITZ.  Amd S306-b, CPLR.  Requires service of the summons and complaint, summons with notice, third-party summons and complaint, or petition with a notice of petition or order to show cause to be made within one hundred twenty days after the commencement of the action or proceeding.

A03065  HOYT.  Amd S308, add SS308-a & 311-b, CPLR.  Requires property owners who are natural persons, own more than one residential property within certain cities and reside outside of the state to designate the secretary of state to be the agent upon whom summons may be served; and requires property owners who are non-domiciliaries or unauthorized foreign corporations which own more than one residential property within certain cities to designate the secretary of state to be the agent upon whom summons may be served.

A06952  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.

A06050 IGNIZIO.  Add S325-a, CPLR.  Authorizes civil courts to grant non-monetary remedies in cases removed to it by supreme court when the amount of damages is reduced.

Article 4- Special Proceedings

Article  5- Venue

A00892  BRODSKY.  Amd S506, CPLR.  Permits special proceedings against certain designated state officials to be commenced in a supreme court in the judicial district of the petitioner's residence or principal place of business; provides that a proceeding against the public service commission shall only be commenced in the supreme court, Albany county.

Article  9 - Class Actions

A06929 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

A01252 DINOWITZ. Amd S1007, CPLR.  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.

A03205 MCLAUGHLIN.  Add S634-a, Exec L; add S1027, CPLR; add S612-a, Tax L.  Establishes a civil procedure pursuant to which claims may be filed with the crime victims board to recover from monetary awards for injuries made to persons convicted of a violent felony offense; imposes a 10% income tax upon all such awards made to violent felony offenders.

Article  11 - Poor Persons

A03515 CLARK.  Amd Fam Ct Act, generally; rpld S358-a sub 4 Pc, S392, amd Soc Serv L, generally; amd S112, Ed L; add S112-b, Dom Rel L; amd S1101, R5521, CPLR; amd S9.51, Ment Hyg L.  Relates to judicial review and permanency hearings for children placed out of their homes; amends provisions relating to the care, custody and education of foster children and children placed for adoption; repeals certain provisions of the family court act and social services law relating to permanency.

S05805 MEIER A07225    In CPLR 1104(e), adds attorney certification in family court cases; and in CPLR 5521(b), eliminates the necessity of a motion for preferences for appeals in certain family court cases and certain cases involving guardianship or custody of children.  Chapter 3 of the Laws of 2005 (Part A, 64 and 65), effective 12/21/05.  (complete).

S03666 RULES COMM A06840 RULES COMM..  In CPLR 1104(d) and (f), extends expiration of amendments' provisions relating to inmates. Chapter 56 of the Laws of 2005, (Part D, 18), effective 4/1/05 until 9/1/07 (complete).

Article  12- Infants, Incompetents and Conservatees

A06053 IGNIZIO.  Amd SS1201, 1203 & 1206, RR1202, 1208, 1210 & 1211, CPLR.  Makes article 12 of the civil practice law and rules gender neutral.

A05852 WEINSTEIN. 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.

Article 13 - Actions by the State

A06325 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.

A05548 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 medical waste.  CRIMINAL SANCTION IMPACT.

A05894 IGNIZIO.  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.  CRIMINAL SANCTION IMPACT.

S02708 STAVISKY A05542 MCLAUGHLIN.  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-eeee, 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.  Enacts the comprehensive auto theft prevention act to ensure that the motor vehicle theft epidemic in this state is comprehensively addressed by the criminal justice system; requires mandatory prison sentencing for a third motor vehicle theft conviction; requires mandatory one year jail terms for all guilty pleas entered as a result of plea bargaining; provides new funding for auto theft prevention programs, prosecutors and judges from the proceeds of criminal forfeiture cases; authorizes check points at high auto theft locations.  CRIMINAL SANCTION IMPACT.

A02981 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.

A02085 PRETLOW.  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.

A07179 DINAPOLI.  Amd S1311, CPLR.  Removes the amount of the proceeds of the crime limitation on judgments against non-criminal defendants; establishes a presumption relating to forfeiture and non-criminal defendants.

A02153 LAFAYETTE.  Amd S1349, CPLR.  Authorizes claiming authorities or agents to retain electronic equipment or devices and surveillance equipment for law enforcement purposes in civil forfeiture actions for the proceeds of a crime; adds electronic equipment or devices and surveillance equipment to items such as vehicles, vessels, and aircraft which may be retained by law enforcement officials after forfeiture.

A7970-A  CONTE.  Add Art 465 SS465.00 - 465.25, Pen L; amd S1349, CPLR.  Enacts the criminal street gang abatement act of 2006; creates the crime of gang solicitation, recruitment or retention; creates the crime of gang solicitation, recruitment or retention of minors; creates the crime of gang solicitation, recruitment or retention of minors on school grounds; appropriates one million dollars for schools to receive gang prevention programs. CRIMINAL SANCTION IMPACT.

A04087 PRETLOW.  Amd S1349, CPLR; amd S700, County L; add S6-s, Gen Muni L.  Provides for greater accountability for seized assets by authorizing and directing the chief fiscal officer of a city, town, village or county to establish an asset forfeiture fund to be separately maintained; requires that proceeds from the sale of property and other moneys realized as a consequence of any forfeiture distributed to the district attorney, sheriff or other claiming agent of any county, town, city and village of which the claiming agent is a part, shall be deposited to such fund.

Article 13A - Proceeds of a Crime - Forfeiture

Article 13 B- Civil Remedies; Enterprise Corruption

Article 14 - Contribution

S07487 DEFRANCISCO A11076  WEINSTEIN. Add S1405, CPLR.  Permits a plaintiff to recover directly against a third party defendant found to be liable to the defendant, where the latter is insolvent.

A09512  GIANARIS.  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.

A00797 LENTOL.  Amd S1411, CPLR.  Provides 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. 

A06773 HAYES.  Add S1411-a, CPLR.  Establishes a complete bar to recovery by persons injured while committing a crime; provides for awarding attorney fees and disbursements to victim.

A04073 SEMINERIO.  Amd SS105, 1411, 1601 & 1602, CPLR.  Limits liability of public entities with regard to damages recoverable in actions when contributory negligence or assumption of the risk is established and actions when limited liability of persons are jointly liable; defines public entity; bars recovery against public entities by plaintiff whose culpability is fifty percent or more.

S00930  BALBONI A00435  WEISENBERG.  Add S1411-a, amd S1412, CPLR.  Prohibits 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.

A00497 KOON.  Rpld & add S1413, CPLR.  Prohibits recovery in tort in favor of those injured while driving drunk or driving while ability is impaired by drugs.

S01544  VOLKER.  Rpld S4545 subs (a) & (b) & R4111 subs (d) & (e), amd R4111 & S4213, CPLR.  Relates to equalizing the treatment of collateral sources in tort actions.

A08392 SCHIMMINGER.  Add S1414, CPLR.  Applies laws of comparative negligence and assumption of risk to employees and certain other persons injured in the use of scaffolding and other devices in certain cases; applies outside cities of one million or more.

Article 14-B [New] Product Liability Actions

A06030 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.

A03042  SEMINERIO.  Add S1411-a, CPLR.  Establishes a bar to recovery by persons injured while committing a felony; provides for no right to recover damages for any personal injury, injury to property or wrongful death sustained while engaged in the commission of any felony act or in flight therefrom.

A01316 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.

A02946-A  MORELLE.  Add S1414, CPLR.  Relates to the applicability of certain provisions with respect to persons injured in the use of scaffolding and other devices for use by employees.

Article 15 -  Actions Against person Jointly Liable

Article 16 Limited Liability of Persons Jointly Liable

A05674 SCHIMMINGER.  Amd SS3012-a, 1600, 1601 & 3101, add Art 50-c SS5051 & 5052, rpld S3101 sub (d) P1 subP(ii), CPLR.  Enacts the "medical liability reform act"; requires attorney for plaintiff in a medical, dental or podiatric malpractice case to include with the certificate of merit, an affidavit of an appropriate medical professional licensed in this state stating that there is a reasonable basis for such malpractice action; failure to file will result in dismissal; modifies limited liability of persons jointly liable; limits noneconomic damages in such causes of action to $250,000; requires enhanced and comprehensive disclosure of expert witnesses to be used by any party in medical, dental and podiatric malpractice cases.

A04073 SEMINERIO.  Amd SS105, 1411, 1601 & 1602, CPLR.  Limits liability of public entities with regard to damages recoverable in actions when contributory negligence or assumption of the risk is established and actions when limited liability of persons are jointly liable; defines public entity; bars recovery against public entities by plaintiff whose culpability is fifty percent or more.

S05920 NOZZOLIO A09002 RULES COMM. Adds CPLR 1602(13), providing an exemption for certain persons convicted of violating new laws relating to the manufacture of methamphetamine.  Chapter 394 of the Laws of 2005, effective 8/16/05 (complete).

A05408-A  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.

A8660-C  RULES COM (Request of Dinowitz et al).  Amd SS155.30 & 165.45, ren S220.65 to be 220.67, add SS220.61 - 220.66, Pen L; amd S16, Ag & Mkts L; amd S210, Tax L; amd S413, Soc Serv L; amd S837, add SS837-r & 221-c, Exec L; add S209-dd, Gen Muni L; add S19.26, Ment Hyg L; add Art 33 Title I S3309, S3384, Pub Health L; add S27-0927, En Con L; amd S1602, CPLR.  Adds property consisting of anhydrous ammonia and the intent to use such to manufacture methamphetamine to the offenses of larceny and theft; creates the crimes of unlawful clandestine methamphetamine laboratory operation in the first, second and third degrees and makes such crimes class D, C and B felonies, respectively; requires farmers to secure anhydrous ammonia; allows a tax credit for eligible taxpayers who secure anhydrous ammonia on farm property; requires educating those social services employees charged with visiting locations where children reside, to be able to recognize the signs of a unlawful clandestine methamphetamine laboratory; requires the division of criminal justice services to maintain a statewide repository of data relating to clandestine drug laboratories; requires notification of department of environmental conservation of locations of unlawful clandestine methamphetamine laboratories and makes the department responsible for cleanup; requires the office of alcoholism and substance abuse services to establish a methamphetamine awareness and education program; requires the department of health to develop an information program for retailers.  CRIMINAL SANCTION IMPACT.

A01271  JOHN, Amd S1602, CPLR. 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.

A01181 MORELLE.  Rpld S241-a, amd SS240, 241 & 30, Lab L; rpld S1602 sub 8, amd S1603, CPLR.  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.

Article 17 [New] - Liability of Public Entities 

A02899 SEMINERIO.  Amd S105, add Art 17 S1700 & 1701, CPLR.  Relates to damages for non-economic loss in personal injury actions against public entities; defines public entity and non-economic loss; provides limitations for recovery of damages for non-economic loss for any injury; bill seeks to control the burgeoning costs of personal injury suits against public entities.

Article 20 - Mistakes, Defects, Irregularities and Extensions of Time

Article 21 - Papers

A07946 POWELL. Amd RR2104 & 2219, CPLR. Requires all stipulations and court orders to be typewritten or electronically printed in clear type, no less than ten point size.

A10017  WEPRIN.  Amd R2104 & S8020, rpld R3217 sub (d), CPLR. Relates to stipulation of settlement; eliminates certain filing requirements.

A05498 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").

Article 22 - Stay, Motions, Orders and Mandates

A02798  CYMBROWITZ.  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.

A04747 WEPRIN.  Amd 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.

A03601 SCARBOROUGH. Amd R2217 & S5701, rpld & add R2221, CPLR.  Provides clarification of procedures on motions addressed to prior orders.

Article 23 - Subpoenas, Oaths and Affirmations

A08791 RULES COM (Request of Titus).  Amd S2302, CPLR. Relates to issuance of a subpoena to compel the attendance of an incarcerated person in certain cases.  Office of Court Administration.

S07489 DEFRANCISCO A11064  WEPRIN. Add S2305-a, CPLR.  Creates a notice in lieu of trial subpoena; compels parties to attend trial and bring designated documents without the need for the adverse party to serve a trial subpoena; provides relief for a party's failure to appear.

S04855 DEFRANCISCO A08560-B  WEINSTEIN.  Amd S2306, CPLR. Relates to the service of a subpoena duces tecum upon a hospital or a health care professional.  Passed Senate 6/20/05 - Passed Assembly 6/24/05.  Vetoed by Governor (Veto No. 58) 8/9/05.  CPLR Committee Report (Chayt).

A04355 WEPRIN.  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.

A08363  LENTOL. Amd S2308, CPLR. Relates to increasing the maximum penalty for failure to obey a judicial subpoena. Office of Court Administration

Article 25 - Undertakings

A03541 GIANARIS. Amd 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

S07297  VOLKER  A10718  WEINSTEIN. Amd S3001, CPLR.  Provides that a party who has brought a claim against another party may bring a declaratory judgment action for a determination of the existence or extent of coverage owed by an insurer to the party against whom the original action is brought.  Office of Court Administration. 

A09866 MOSIELLO.  Amd SS5102 & 5104, Ins L; amd R3016, CPLR.  Relates to allowing a cause of action for personal injury sustained in an automobile accident in cases of gross negligence; gross negligence defined.

A02922 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.

A01407  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]

A03193 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

A02995 WEPRIN.  Amd 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.

A07747 ZEBROWSKI.  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.

A05306 LOPEZ, CAHILL.  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.

S04836  DEFRANCISCO  A07834 GOTTFRIED.  Amd R3122, SS2303 & 8001, CPLR.  Establishes certain charges and fees authorized relative to requests for inspections and copying of medical records shall be deemed to be reasonable production expenses.

A04016 GOTTFRIED.  Amd S18, Pub Health L; amd S33.16, Ment Hyg L; amd R3122, CPLR.  Expands the application of the provisions of law relating to access to patient medical records to include restrictions on the agents of health care providers; includes pharmacists and midwives within the definition of health care provider for purposes of medical records; broadens the definition of a qualified person and allows such person to request medical records; changes the fees which may be imposed for the provision of medical records and provides for annual adjustments to such fees.

S04045  BALBONI A04202  GIANARIS.  Amd S3126, CPLR.  Establishes a penalty of not less than $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 31-A - Sunshine in Ligitation Act [Proposed]

A05943WEINSTEIN. 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.

Article 32 - Accelerated Judgment

S04625B VOLKER; A4745C WEPRIN.  Amd 3211, CPLR. Permits motions for summary judgment to be made after the defendant has appeared in an action.

S07292 DeFRANCISCO A08784 RULES. Amd 3211, CPLR. Relates to requiring leave to replead.  Chapter 616 of the Laws of 2005, effective 01/01/2006.

A4745-C WEPRIN.  Amd RR 3212 & 3211, CPLR.  Permits motions for summary judgement to be made after the defendant has appeared in an action by answer or motion or after the expiration of the time for such defendant's appearance, where the defendant has not appeared, whichever is earlier.

A03189  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.

S03912 VOLKER A08464-A  WEINSTEIN.  Amd S3215, 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. Department of Law. Chapter 453 of the Laws of 2006,  effective 8/16/2006. 

A08110 TITUS. Add S1320, RPAP L; amd S3215, CPLR.  Provides that mortgagees be provided with additional notice when foreclosure actions have been commenced. Office of Court Administration

A02028 BRODSKY.  Amd S3218, CPLR.  Prohibits 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.

A00307  GRANNIS.  Amd R3221, CPLR.  Allows the court to impose certain monetary sanctions when claimant fails to accept a fair and equitable offer of compromise.

Article 34 - Calendar Practice; Trial Preferences

A03725-B  GRANNIS.  Amd SS3404 & 3408, Ins L; amd S7601, CPLR. Allows 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 40 - Trial Generally 

Article 41 - Trial by Jury

A03743 ROBINSON.  Amd S4110-b, CPLR; amd S300.10, CP L. Grants courts discretion to provide juries with written instructions for use during deliberations in both civil and criminal proceedings.

A08457  WEINSTEIN.  Amd R4111, amd S5031, CPLR.  Modifies provisions pertaining to periodic payment of judgments in actions for medical, dental, or podiatric malpractice, providing for: future losses to be measured in present value in wrongful death actions; lump sum awards for each element of future damages (without additional findings of fact) where plaintiff stipulates to $250,000 or less, no instruction to jury to award such damages in present value in such actions, proportionate reduction if jury's award exceeds $250,000, and permits parties, with court's approval, to stipulate to any jury instructions pertaining thereto; entire future damages to be paid in lump sum without reduction to present value if total future damages not in excess of $250,000 or plaintiff stipulates to reduction thereof to $250,000; and permits court to enter judgment for amount of future damages attributable to a party (liable in whole or in part for the judgment) determined without regard to periodic payment requirements if plaintiff and such party consent thereto.  Office of Court Administration.

  • A04354  WEISENBERG, Rpld S4545 subs (a) & (b) & R4111 subs (d) & (e), amd R4111 & S4213, CPLR. Relates to equalizing the treatment of collateral sources in tort actions.

  •  
    Article 42 - Trial by the Court

    A04354  WEISENBERG, Rpld S4545 subs (a) & (b) & R4111 subs (d) & (e), amd R4111 & S4213, CPLR. Relates to equalizing the treatment of collateral sources in tort actions.

    Article 43 - Trial by a Referee

    S03978  ALESI A07060  CARROZZA.  Amd S4317, CPLR.  Provides for furnishing of transcript of hearing before a referee in a reference to determine to all parties involved upon payment of appropriate fees.  Chapter 582 of the Laws of 2006,  effective 8/16/2006. 

    Article 44 - Trial Motions

    Article 45 - Evidence

    A04519 LENTOL.  Add S4501-a, amd SS4503 & 4504, 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.

    A07463  GOTTFRIED.  Add S10-a, amd SS15, 5, 6, 12, 140, 170, 200, 221 & 248, Dom Rel L; amd S4502, CPLR.
    Validates a marriage between same sex parties; provides that a marriage that is otherwise valid shall be valid regardless of whether the parties to the marriage are of the same or different sex; makes appropriate gender neutral corrections to the section of the domestic relations law granting authority to the town or city clerk to accept an application for a marriage license; further makes gender neutral corrections throughout the domestic relations law and civil practice law and rules relating to actions to annul, separate or divorce from a marriage.

    A01771 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 respect to information about the participant obtained by persons affiliated therewith.

    A00439  WEISENBERG.  Amd S4505-a, CPLR.  Provides that communications between police union officials and police union members shall be privileged and confidential; makes definitions; requires such police union official to maintain a record of the date, time and place of any privileged communications and the name of the member making such communications in a log exclusively for this purpose.

    A03223  CLARK.  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.

    A00733 WRIGHT.  Add S4517-a, CPLR.  Codifies as an exception to the hearsay rule of evidence statements made under the belief of impending death.

    S04121 VOLKER A08718 RULES COM (Request of Weinstein).  Amd R4518, CPLR.  Provides that the abstracts of motor vehicle operating records furnished by the commissioner of motor vehicles shall be admissible into evidence as business records.  Department of Motor Vehicles.  CPLR Committee Report (Cristo).

    A02901 SEMINERIO.  Amd R4518, CPLR.  Relates to the admission of duly authenticated hospital records into evidence providing such entries may be proved to affect their weight but not their admissibility.

    A02313 WRIGHT.  Add S4518-a, CPLR.  Provides that offers to plead guilty or pleas of guilty, later withdrawn are inadmissible in civil trials.

    A03604 SEMINERIO.  Amd R4532-a, CPLR.  Relates to the admissibility of testimony concerning test results; provides that testimony concerning medical and diagnostic procedures shall be inadmissible unless the actual graphic, numerical, symbolic or pictorial representation is available and admissible in evidence.

    A04354  WEISENBERG, Rpld S4545 subs (a) & (b) & R4111 subs (d) & (e), amd R4111 & S4213, CPLR. Relates to equalizing the treatment of collateral sources in tort actions.

    A09897 MANNING.  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 intoxication in civil proceedings.
    CRIMINAL SANCTION IMPACT.

    S05555 DEFRANCISCO A08114-B  ZEBROWSKI . Amd CPLR 4545, CPLR. Clarifies a collateral source payors rights when seeking reimbursement; provides that a collateral source payor may only seek reimbursement where there is a statutory right to reimbursement; elucidates what constitutes a collateral source payment for the purposes of the section; eliminates the right of subrogation for a collateral source payment made in the context of a settlement. Office of Court Administration. CPLR Committee Report (Young).

    A03322 WEPRIN.  Add S4549, CPLR.  Adopts learned treatise rule, a rule of evidence followed in federal courts which allows into evidence published, authoritative literature.

    Article 50 - Judgments Generally

    A05864 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.

    A08457  WEINSTEIN.  Amd R4111, amd S5031, CPLR.  Modifies provisions pertaining to periodic payment of judgments in actions for medical, dental, or podiatric malpractice, providing for: future losses to be measured in present value in wrongful death actions; lump sum awards for each element of future damages (without additional findings of fact) where plaintiff stipulates to $250,000 or less, no instruction to jury to award such damages in present value in such actions, proportionate reduction if jury's award exceeds $250,000, and permits parties, with court's approval, to stipulate to any jury instructions pertaining thereto; entire future damages to be paid in lump sum without reduction to present value if total future damages not in excess of $250,000 or plaintiff stipulates to reduction thereof to $250,000; and permits court to enter judgment for amount of future damages attributable to a party (liable in whole or in part for the judgment) determined without regard to periodic payment requirements if plaintiff and such party consent thereto.  Office of Court Administration.

    Article 50-C [Proposed] - Limitation on Damage Awards in Medical Malpractice Lawsuits

    S01237-A  KRUGER.  Add Art 50-C SS5051 & 5052, CPLR; add S5518, Ins L.  Relates to limiting the amount of awards in medical malpractice lawsuits; limits such awards to the amount of malpractice insurance held by the defendant.

    A05674 SCHIMMINGER.  Amd SS3012-a, 1600, 1601 & 3101, add Art 50-c SS5051 & 5052, rpld S3101 sub (d) P1 subP(ii), CPLR.  Enacts the "medical liability reform act"; requires attorney for plaintiff in a medical, dental or podiatric malpractice case to include with the certificate of merit, an affidavit of an appropriate medical professional licensed in this state stating that there is a reasonable basis for such malpractice action; failure to file will result in dismissal; modifies limited liability of persons jointly liable; limits noneconomic damages in such causes of action to $250,000; requires enhanced and comprehensive disclosure of expert witnesses to be used by any party in medical, dental and podiatric malpractice cases.

    Article 50-C [Proposed] - Limitation on Damage; Noneconomic Damages

    A02035 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; specifially defines such damages.

    Article 51 - Enforcement of Judgments and Orders Gen.

    Article 52 - Enforcement of Money Judgments

    A04467 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.

    A5854-A WEINSTEIN.  Amd S5205, CPLR; amd SS282 & 283, add S285, 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; doubles the amount of the aggregate individual bankruptcy exemption for certain annuities and personal property from $5,000 to $10,000; also doubles a certain cash exemption from $2500 to $5000; permits individual debtors in bankruptcy to elect to exempt from the property as is permitted to be exempted either by federal or by state law.

    A06956 CARROZZA. Amd S7-3.1, EPT L; amd S5205, CPLR.  Clarifies and declares as the existing law of the state of New York the provisions of rules relating to the lapse of a power of withdrawal over the income or principal of a trust.

    S04582  LEIBELL A08479  CANESTRARI.  Amd S5206, CPLR.  Increases the value of homesteads from ten thousand to fifty thousand dollars and exempts such homesteads from civil judgments. Chapter 623 of the Laws of 2005,  effective 8/30/2005.  

    S07891 VOLKER A11221  WEINSTEIN. Amends S5221, CPLR.  Limits the venue of a proceeding to enforce a judgment when that proceeding is based on an underlying consumer credit transaction. Office of Court Administration.

    A06953 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.

    S3824-C  VOLKER.A07368-C  LENTOL. Amd R5224, CPLR.  Establishes certain guidelines for judgment creditors for serving information subpoenas; provides a certification that if not completed, deems the subpoena null and void.  Chapter 452 of the Laws of 2006,  effective 1/1/2007.

    S07365 DEFRANCISCO A10863-A  WEINSTEIN. Amd R5224, CPLR. Provides that a subpoena duces tecum shall subject a person or other entity or business served to full disclosure whether the materials sought are in the possession, custody or control of the subpoenaed person, business or other entity within or without the state. Chapter 257 of the Laws of 2006,  effective 08/25/2006.  CPLR Committee Report (Altreuter).

    A07939 POWELL.  Amd SS5241, 5201 & 5205, CPLR.  Prohibits the garnishment of income which are payments pursuant to a public or private pension or retirement program; removes such payments from the definition of income for the purposes of an income execution for support enforcement and includes such moneys under the income exemption provisions for the satisfaction of all judgments.

    S06753 VOLKER A10716-A O'DONNELL. Amd SS5241 & 5252, CPLR.  Provides that the penalties assessed against employers and income payors for the failure to comply with income execution for child support and for discrimination against an employee involved in a child support proceeding shall be paid to the creditor and shall be enforced in the same manner as a civil judgment. Office of Court Administration.  Passed Senate 6/19/06 - Passed Assembly 6/20/06. Chapter 335 of the Laws of 2006, signed 7/26/2005 (effective on the 90th day thereafter).  

    A05859 WEINSTEIN.  Amd SS137-a, 111-c & 111-h, Soc Serv L; amd S5241, CPLR.  Exempts social security and unemployment benefits from income execution where recipient is on public assistance or care; sets limits on support repayment liability; permits where arrears are owed to a former recipient of public assistance, any of such arrears paid into the support collection unit shall be deemed the property of the former recipient.

    A05858 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

    A02994  WEPRIN.  Amd SS5512, 5513 & 5515, CPLR.  Allows an appeal to be taken from a signed order or judgment before such order or judgment is entered.

    A08016  P. RIVERA.  Add S5519-a, CPLR.  Limits the undertaking required of tobacco manufacturers and affiliates during appeals of the tobacco product master settlement agreement to $1,000,000 for all appellants collectively, unless the appellee prove by a preponderance of evidence that the appellant is dissipating assets outside of the course of normal business.

    A06604 COOK. 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.

    A06759 COOK. Amd SS1112, 1115, 1118, 1120 & 1121, Fam Ct Act; amd S1101 & R5521, CPLR.  Expedites processing of appeals in child welfare cases in family court and simplify the process for assignment of counsel; clarifies the automatic applicability of preferences; simplifies the process for assignment of counsel and granting of poor person relief on appeal; imposes more rigorous enforcement of existing statutory time-frames for the preparation of transcripts.

    A08654 RULES COM (Request of Cook et al).  Amd SS1112, 1115, 1118, 1120 & 1121, Fam Ct Act; amd S1101 & R5521, CPLR.  Provides for expediting appeals in child welfare cases in family court by clarifying automatic preference, simplifying assignment of counsel and granting poor person relief on appeal. Office of Court Administration. 

    Article 56 - Appeals to the Court of Appeals

    Article 57 - Appeals to the Appellate Division

    A03601 SCARBOROUGH. Amd R2217 & S5701, rpld & add R2221, CPLR.  Provides clarification of procedures on motions addressed to prior orders.

    Article 63 - Injunction

    A03541 GIANARIS. Amd 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 64 - Receivership

    Article 65 - Notice of Pendency

    S05584  VOLKER .Amd S6515, add S6516, CPLR; amd S1403, RPAP L
    Allows a successive notice of pendency to be filed in certain foreclosure actions notwithstanding that a previously filed notice of pendency in such action or in a previous foreclosure action has expired or become ineffective because service of a summons had not been completed within the appropriate time. Chapter 387 of the Laws of 2005,  effective 08/02/2005. 

    A07047 SCHIMMINGER.  Amd SS6514 & 6515, add SS6516 & 6517, CPLR.  Provides for the 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

    S01527-A  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 mediators to disclose conflicts of interests.

    Article 75 - Arbitration

    S04837 DEFRANCISCO A08296 WEINSTEINAmends CPLR 7502(a) to permit injunctions and attachments in aid of arbitration to be entered in connection with arbitrations subject to the United Nations convention on the recognition and enforcement of foreign arbitral awards and to situations where the arbitration has not yet commenced and situations where it is to be commenced outside of New York.  Chapter 703 of the Laws of 2005, signed 10/04/05 (complete). See CPLR Committee Report (Critelli).

    A03321 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.

    A00802  LENTOL.  Amd S7511, CPLR.  Provides that a court shall modify an arbitration award if the award is subject to a valid offset provision.

    Article 75-B Liability for Damages in Medical Malpractice Actions Against Obstetricians-Gynecologists and Midwives [Proposed]

    A5166-A DINAPOLI. Add Art 75-B SS7580 - 7584, CPLR; add S84-b, St Fin L; add Art 5 Title 11-E SS369-ff - 369-ii, Soc Serv L; amd SS2995-a & 230, Pub Health 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

    A03725-B  GRANNIS.  Amd SS3404 & 3408, Ins L; amd S7601, CPLR. Allows 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

    Article 80 - Fees

    A9624-A  LENTOL. Amd S8003, CPLR.  Increases the fees paid to foreclosure referees.

    A02680-A MCENENY.  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.

    A05948  WEINSTEIN.  Amd S825, Lab L; add S99-m, 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.

    A08677 RULES COM (Request of Titus).  Amd S8020, CPLR.  Exempts guardianship motions filed under article 81 of the mental hygiene law by a fiduciary, court evaluator, guardian ad litem, court appointed attorney or by the court examiner from the required filing fee.

    S05744 DEFRANCISCO A07561 COHEN.  Repeals section 8023 (replaced by amendment to Judiciary Law Sec. 212(2)(j) authorizing payment of court fees, including administrative fee, by credit card).  Chapter 457 of the Laws of 2005, effective 8/9/05 and expires 8/9/10 (complete).

    Article 83 - Disbursements and Additional Allowances

    A03323 WEPRIN.  Amd S8301, CPLR.  Increases the maximum permissible disbursement for taking and making transcripts of testimony on examinations before trial from $250 to $2,500.

    A09513 GIANARIS. Add S8301-a, CPLR.  Provides 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. 

    A01367 DINOWITZ. Amd S8303, CPLR; amd S392-e, Gen Bus L.  Increases the penalty for using false statements with respect to, or altering mileage registering devices on, an automobile.  CRIMINAL SANCTION IMPACT.

    S02482 JOHNSON A05076 LOPEZ.  Amd S8303-a, CPLR.  Provides that a lawsuit against a manufacturer, packer, distributor, carrier, holder or seller of food are frivolous if claim alleges the injury was caused by the use of food or alleges deceptive trade practice in connection with a person's purchase or consumption of food.

    A05526 SCHIMMINGER.  Add Art 17-B SS279-m - 279-v, Gen Bus L; amd S8303-a, CPLR.  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.

    Article 97 - Records of Clerks of the Courts

    Miscellaneous Measures

    A04320  SEDDIO, WEINSTEIN, COOK, GORDON, GREEN, JOHN, LAVELLE, NOLAN, ROBINSON; M-S: Boyland, Peralta.  Amd SS1808 & 1808-A, NYC Civ Ct Act; amd SS1808 & 1808-A, UDCA; amd SS1808 & 1808-A, UCCA; amd S1808, UJCA.  Clarifies that small claims judgments and local commercial claims judgments are res judicata, but shall not have collateral estoppel or issue preclusion effect in any subsequent proceeding.  Chapter 443 of the Laws of 2005, effective 08/09/2005.

    A07255-B  WEINSTEIN, LAFAYETTE; M-S: Grannis, John, Latimer
    Amd SS400 & 409, rpld S411, add SS411 & 412, NYC Civ Ct Act; amd SS400 & 409, rpld S411, add SS411 & 412, UDCA; amd SS400 & 409, rpld S411, add SS411 & 412, UCCA; amd S142, Work Comp L; amd S5106, Ins L.  Specifies petition and service of process requirements for commencing and filing a lawsuit in city and district courts; repeals section 411 of the New York city civil court act, section 411 of the uniform district court act, and section 411 of the uniform city court act regarding provisions for court permitted nunc pro tunc filing; provides for the holding of an expedited hearing by the workers' compensation board to determine whether injury caused by a motor vehicle accident occurred in the course of employment; provides for the holding of an expedited eligibility hearing when it is agreed that more than one insurer may be the source of first party benefits under no-fault automobile insurance. Chapter 452 of the Laws of 2005
    effective 09/08/2005. CPLR Commitee Report (Aloe).

    A08174  KARBEN, WEINSTEIN. Amd S11, Ct Claims Act.  Provides any objection or defense based upon failure to comply with verification requirements is waived unless raised with particularity by motion to dismiss or in the responsive pleading.  Chapter 460 of the Laws of 2005, effective 08/09/2005. 

    S04308-A DeFRANCISCO  A08829-A  RULES COM (Request of Weinstein). Amd SS6 & 10, Chap 367 of 1999; amd S3, Chap 110 of 2002.  Relates to filing by electronic means of certain commercial claims and extending provisions of law permitting such filing by electronic means. Chapter 504 of the Laws of 2005, effective 08/16/2005.

    A11763-A  RULES COM (Request of Weinstein).  Amends S488, Judy L.  Clarifies provisions relating to conflict of interest issues between attorneys and their clients; imposes certain restrictions on advertising by attorneys that may be misleading relating to an attorney's ability to advance or pay costs of litigation. Chapter 635 of the Laws of 2006, effective 08/16/2005.

     

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