CPLR Bills in 1997/98 Legislature

Last update 9/1/99

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.


Proposed  Amendments to the CPLR 

Article 1 - Applicability and Definitions 

S01972-A VELLELA/A03007-A KAUFMAN. Amends Sec.1609, NYC Civ Ct Act; amd Sec.105, CPLR. Confers on New York city marshals the same functions, powers and duties as sheriffs with respect to the execution of money judgments of the supreme and family courts of the city of New York. We filed Report No. 113 (Schare) on August 19, 1997, approving the bill. Signed 8/26/97, Chapter 455 of the Laws of 1997

S06423 VELELLA, Lack, Volker/A09962 WEINSTEIN. Amends 1604 & 1609, NYC Civ Ct Act; amends 105, CPLR. Clarifies the functions, powers and duties of NYC city marshals with regard to the execution of money judgments entered or docketed in the supreme court; increase the amount of the bond given by such marshals from twenty thousand dollars to sixty thousand dollars. We filed Report 133 (Stallman) on May 29, 1998, approving the bill. Signed 6/2/98, Chapter 80 of the Laws of 1998.

Article 2 - Limitations of Time 

A03469  WRIGHT. Amends CPLR CPLR 205, 3216 to require conduct constituting neglect to prosecute to be set forth on the record.  Introduced in 1995 as A. 4369.  We filed Report No. 142 (Aloe), disappoving of the previous version of this bill. We filed Report No. 3 (Aloe) on this bill on Feb. 19, 1997. However, a related bill by OCA S5326, which proposed to repeal and add a new CPLR 3216, was favorably received by the Committee.  See Report No. 89 (Nagy) approving S5326. 

A6115 MATUSOW. Amends 206, CPLR Commences the running of the statute of limitations on actions based on an antenuptial or postnuptial agreement to the earliest of the following: the physical separation of the parties, commencement of an action for divorce or separation, or death of one of the parties. 

A4584 MCGEE, ANDERSON, CROUCH, DINGA  -- Add 208-a, CPLR -- Tolls commencement of a civil action against a victim of a sex offense by a person accused of such offense during  pendency of the criminal action from which the civil action arises.  Codes Com (See A 2862 of 1996) .

S04412 RATH et al./A08012 RULES COMM. Amends 213-b, CPLR; amends 632-a, Exec L. Provides 10 year statute of limitation from date of conviction for action by crime victim, 3 year statute of limitation on action by victim for profits from crime and includes personal injury award to criminal in profits from crime. We filed Report No. 73 (Bragar) on June 10, 1997, giving limited approval to the bill. Passed Senate 3/24/98, referred to Assemb. Codes. 

S06553 BALBONI and A09701 O'CONNEL. -- Add 213-c, CPLR. Creates a 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. Codes Comm. We filed Report 129 (Juhase) on May 14, 1998 disapproving the bill. [This bill originally was introduced in 1997 through A6675.] 

S02901 JOHNSON/A04929 LENTOL. Amends 13-a & 13-l, Work Comp L; amends 459, RPT L; amends 404-a, V & T L; amends 512, Judy L; amends 6556 & 902, Ed L; amends 214 & 214-a, CPLR. Authorizes chiropractors to certify disability and provide second opinions and services under 500 dollars without authorization by an employer; excuses chiropractors from jury duty; provides chiropractors with good samaritan immunity; reduces to the statute of limitations for chiropractic malpractice to2 1/2 years; authorizes chiropractors to assist medical inspectors. We filed Report No. 74 (Hartman) on June 10, 1997, approving that part of the bill concerning CPLR 214, 214-a.

A10124 A. F. T. SULLIVAN -- 214-a, CPLR. Alters the statute of limitations for medical, dental or podiatric malpractice to two years and six months from the accrual thereof and revises previously dismissed actions for a one year period. Ten years wheree three is continuous treatment. See also similar measure: A5344 WEINSTEIN (but with two and half years where there is continuous treatment). Codes Com (See A 6041 of 1996). Same as S1601 LACK Defrancisco, Marcellino, Spano. Codes Com (See S645 of 1996)(Curvin).

S1601 LACK/A09143 LUSTER. Amends CPLR 214-a.  Establishes statute of limitations for medical, dental or podiatric malpractice action at 1 year after the discovery of a condition which should have been discovered. Passed Assembly 5/20/98.  We filed Report 214A-NEW (Kreinces) on June 9, 1998, dispproviing the bill. 

A6879 HARENBERG -- Amd 214-c CPLR - Provides that in toxic tort cases where the specific toxic etiological cause of injury is not known for up to ten years after the injury itself is discovered a plaintiff shall have 2 years to file a claim from the time such specific cause is discovered.  Codes Com  Freda -- assigned 2/13/98 

S1608 GOLD, Abate, Gentile, Leichter, Onorato, Oppenheimer, Waldon -- Amd 214-c, CPLR -- Defines DES exposure liability to include future generation plaintiffs.  Codes Com. (See S 147 of 1996). 

S6661 VOLKER, Hannon, Goodman, Holland, Johnson, Larkin, Padavan, Present, Saland, Seward. -- As part of the the Civil Justice Reform Act, repeals & adds 214-d and 214-f, amends 214, amends R3211 sub (h), R3212 sub (i), CPLR -- Repeals and reenacts provisions on limitation on certain actions to ten years after completion of improvements for professional engineers, architects, landscape architects, land surveyors and construction contractors; makes related provisions. Similar changes proposed in A7598

A4019 NOLAN, Green, Ortiz, Tokasz; M-S: Boyand, Butler D. Clark, Crowley, Davis, Glick, Gottfried, Greene, John Klein, Mayersohn, McLaughlin -- Amd 241, Lab L; add 214-d, CPLR -- Makes certain duties imposed on owners and contractors which concern construction, excavation or demolition work nondelegable; revives claims based on a violation of such Lab Com (See A 5769 of 1996). 

S03743 VOLKER/A06526 CANESTRARI et al. -- Amends .214-d, amd Rules 3211 & 3212, CPLR. Provides certain limitations against actions against land surveyors. Signed 9/3/97, Chapter 518 of the Laws of 1997. 

A7598 RULES COM (Request of Canestran) -- Rpld & add 214-d, amd 214, rpld R3211 sub (h), R3212 sub (i), CPLR -- Repeals and reenacts provisions on limitation on certain actions to ten years after completion of improvements for professional engineers, architects, landscape architects, land surveyors and construction contractors; makes related provisions.Codes Com (Banas). 

A416  KATZ. Extends the statute of limitations for certain sex crimes.  Adds new CPLR 214-e.  (See A11160-C of 1996) (Blair). 

A582  KATZ/S4477 VOLKER. Extends statute of limitations for certain sex offenses cases based on childhood sexual abuse or exploitation.  Creates new CPLR 214-e.  We Filed Report No. 86 (Blair) on June 30, 1997 disapproving the bill. 

S2872-B ALESI et al./A5093 KOON et al. Adds 214-e, CPLR. Makes provisions concerning investment fraud restitution with respect to liability arising from fraud, contract or tort with respect to the sale or purchase, between 1985 and 1990, of an interest in real property. We Filed Report No. 99 (Blair & Knapp) on July 15, 1997, disapproving the bill.  Vetoed by Governor on 9/10/97.

S03512 LEIBELL et al. /A08673 RULES COMM ARROYO. Adds 214-e, CPLR Extends time within which an action against a propriety manufacturer of blood products for infusion of products which cause HIV or AIDS may be commenced; if statue of limitations has expired it is revived and an action may be commenced within two years of effective date of this act. Signed 12/1/97, Chapter 682 of the Laws of 1997. [Previously introduced as A5160.]

S1580 GOLD, Gentile Stachowski, Waldon -- Add 78-a Civ. Rts L; amd 215, CPLR -- Provides that a cause of action for as declaratory judgment of libel or slander of a decedent may be brought by the personal representative of the decedent's estate within five years of the decedent's death.  Codes Com (See S154 of 1996). 

S04477 VOLKER/A02088 LAFAYETTE.Adds 215-a, CPLR .Tolls statute of limitations in personal injury actions resulting from child abuse until abuse was discovered by plaintiff. We filed Report No. 71 (Curtin) on June 10, 1997, disapproving the bill.

S03615 VOLKER. Amends 217, CPLR  Clarifies when commencement of the period of limitations in a proceeding against a body or officer begins. We Filed Report No. 36 on April 25, 1997 approving the bill (Juhase). 

Article 3 - Jurisdiction and Service  

S07457 VOLKER, Lack, Skelos/A10972 WEINSTEIN. Amends 304 and Rules 2101 & 2103, and adds 8023, CPLR; and amends 212, Judiciary L. Authorizes pilot program for use of facsimile transmission or electronic means to commence an action or special proceeding. We filed Report No. 146 (Aloe) on June 12, 1998, approving the bill.

A624 WEBRIN. Amends CPLR 306-b and Election Law 16-116 to make clear that commencement by filing applies to election law proceedings but re-commencement does not.  In the 1995, Sen. Skelos introduced a similar bill, S5355, based on a proposal from this committee.  

S04553 -A VOLKER/A08158 RULES COMM NORMAN -- Amends Sec.306-b, CPLR. Provides that service of summons and complaint, summons with notice or of the third-party summons and complaint shall be made within 120 days after filing; makes related provisions. We filed Report No. 84 (Gerstman) on June 30, 1997, disapproving the bill. Signed 8/26/97, Chapter 476 of the Laws of 1997. 

A09186  LUSTER.  Amends CPLR 306-b.  Requires service of a civil summons in a foreign country not participating in Hague Convention, within 365 days. We filed Report 132 (Ferstendig) on May 28, 1998, disapproving the bill.

A612 KAUFMAN. Amends 308, CPLR Permits service of process on the doorman or concierge of a multiple dwelling to satisfy delivery requirement for delivery and mail service under CPLR 308(2). We filed Report No. 85 (Laudor) on June 30, 1997, disapproving the bill. 

S06812 VOLKER -- Amends 311, CPLR. Grants a party 120 days to make service on a corporation or governmental subdivision, and authorizes the court to grant extensions in the interests of justice.  We filed Report 144 (Gerstmann) on June 11, 1998, approving the bill. Signed 7/7/98, Chapter 202 of the Law of 1998.

S06416-B SKELOS/A10785-B RULES COMM SCHIMMINGE. Amends 310, adds 311-a, CPLR; repeals 303, amends 305, Limited Liability Law. Provides that the personal service of process upon limited liability partnerships, limited partnerships and limited liability companies shall be the same as service upon a partnership; by service upon one partner or to the managing agent or other person designated to receive service; service upon a limited liability company may also be made upon the Secretary of State. Recommitted to Corporations, Authorities and Commisions - 6/10/98. This is affirmative leg. proposed by the NYSBA CPLR Committee. 

A10027 SIDIKMAN. Amends 325 & 8018, CPLR; amd S39, Judiciary L. Requires removal of cases from a supreme court to a lower court where the amount of damages stated does not exceed $50,000 and where the chief administrator determines that calendar conditions permit such removal and provides that the jurisdictional limits of the original court shall apply. We filed Report 135 (Blair) on June 5, 1998, disapproving approving the bill.

Article 4 - Special Proceedings 

S4303 VOLKER. Amd CPLR 402, 405 & 7804. Relates to pleadings in special proceedings; provides that the petition and answer shall be accompanied by a brief and all affidavits relied upon by the parties; also provides that nonconforming pleadings shall be deemed defective. This is a bill prposed by the Attorney General. We filed Report No. 90 (Critelli) on July 1, 1997 disapproving the bill. 

Article  5 - Venue 

A237  BRODSKY to amend CPLR 506, to permit special proceedings against certain designated state officials to be commenced in a supreme court in the judicial district of the petitioner's residence or place of busines provides that a proceeeding against the public service commission shall only be commend in the supreme court, Albany county.  We reissued our report as Report No. 4 (Steinman) on Feb. 19, 1997 disapproving the bill. See S3433 MEIER,  DeFrancisco, Levy, Volker -- Amd 506, CPLR -- to the same effect. Codes Com. [See also S6940/A459 of 1995, with respect to which we filed Report No. 260 (Steinman) on May 15, 1996 disapproving that bill.] 

Article  12 - Infants, Incompetents and Conservatees

S04531 VOLKER/A07854 RULES COMM WEPRIN -- Amends 1209, CPLR. Eliminates the need to seek a court order when submitting an infant`s personal injury claim to arbitration where the claim is brought pursuant to certain provisions of the insurance law. Signed 8/5/97, Chapter 365 of the Laws of 1997. 

Article 13 - Actions by the State 

A3360 TEDISCO -- Amends 1310 & 1311, CPLR -- Extends the ability of the procedure applicable to forfeiture actions to crime of obscenity.  Codes Com (See A 3946 of 1996). 

A398  FELDMAN. Amends CPLR 1310 and 1311 to include vehicles as an instrumentality of the crime DWI and also requires the district attorney to seek civil forfeiture of a vehicle upon a third charge of DWI within a 5 year period.  (See A5005 of 1995.  See also S879 KRUGER, Leichter -- to the same effect. Codes Com (See S 115 of 1996) 

A1796 BECKER -- Amendment to 1310, CPLR -- Authorizes the institution of civil forfeiture actions in connection with certain misdemeanors defined in the environmental conversation law covering the illegal dumping of certain hazardous or noxious substances or regulated medical waste.  Criminal sanction impact.  Codes Com (See A4177 of 1996).

S2280 GOODMAN Amd CPLR 1310 & 1311.   Authorizes the forfeiture of privately owned real property when it is proven by a preponderance of the evidence that the non-criminal owner thereof failed to   take reasonable precautions to prevent the use of the real property for illegal drug activity.   Last session, we filed Report No. 112 (Kelly) on S1310. 

A1741 PILLITERE.  Amends CPLR 3110(6), 1349(2)g)(h) and adds 1349(2)i) to expand the grounds for vil foreiture to include those convicted or indicted for offenses of the statute prohibiting child sex performances. On June 5, 1995, we filed Report No. 187 on S-185-A, a prior bill. Ressued as Report No. 34 (Kelly) April 25, 1997. 

A08978  ALFANO. Amends CPLR 1349.  Authorizes claiming authorities to retain electronic equipment for law enforcement purposes in civil forfeiture actions for the proceeds of a crime

Article 14 - Contribution 

S448. GOODMAN.  Limits and bars recovery of damages from a public entity in certain personal injury lawsuits; defines "public entity"; limits attorneys' fees and bars certain actions; limits the amount of damages recoverable from a public entity for non-economic loss to $250,000. Amends CPLR 105, 1411, 1601, 1602, and adds a new art. 14-B and 17.  (See S. 3496 of 1996) 

S508/A847  (by Sen. SALAND and M. of A. FASO, ANDERSON, WINNER, DORAN, HERBST, DINGA). Amends CPLR 1411 to bar convicted felons from recovering in civil actions eminating from their commission or attempted commision of crimes. Senate Codes Committee  (See S.1442 of 1996)  We Filed Report 52 on S1442. 

S6661 VOLKER, Hannon, Goodman, Holland, Johnson, Larkin, Padavan, Present, Saland, Seward. -- As part of the the Civil Justice Reform Act, amends CPLR 1411, by reestablishing contributory negligence and assumption of risk as a bar to recovery where the contributory fault of the claimant constitutes more than 50% of the proximate cause of the harm. Also, pursuant to proposed 1411-A, bars recovery where criminal conduct or intoxication with alcohol or illegal drugs on the part of the claimant is the proximate cause of the damages sustained by the claimant. 

S07172 SANTIAGO and A10158 LENTOL -- Amends 1411, CPLR. Provides that recovery for certain injuries arising out of voluntary participation in athletics shall be diminished by the percentage of culpable conduct attributable to the injured party or decedent.  We filed Report 136 (Gacioch) on June 5, 1998, disapproving the bill.

Article 14-B [New]

S1544 HANNON, Velella -- Ad Art 14-B 1420 - 1429, CPLR -- Enacts the uniform correction or clarification of defamation act to assist in correcting false publications and authorizes a right of action only where a correction or clarification is not timely made.  Codes Com (see S 7418 of 1996). 

S6661 VOLKER, Hannon, Goodman, Holland, Johnson, Larkin, Padavan, Present, Saland, Seward. -- As part of the the Civil Justice Reform Act, proposes new Article 14-B, concerning specific defenses in product liability actions, viz., postmanufacture changes, sealed containers, and state of the art design..  

Article 16 Limited Liability of Persons Jointly Liable

S730 VOLKER. Holland, Marchi, Present -- Add Art 14-B 1414-1424. amd 1601, rpld 1600, 1602 & 1603, add Art 17 1700-1705, 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.  Codes Com (See S5740 of 1996) 

A09188  STEPHEN.  Amends CPLR 1602.  Exempts law regarding compensation for injury or damage caused by intoxication of a person under the age of 21 years from limited liability statute. Garber -- assigned 2/13/98. 

S448.  GOODMAN.  Limits and bars recovery of damages from a public entity in certain personal injury lawsuits; defines "public entity"; limits attorneys' fees and bars certain actions; limits the amount of damages recoverable from a public entity for non-economic loss to $250,000. Amends CPLR 105, 1411, 1601, 1602, and adds a new art. 14-B and 17.  (See S. 3496 of 1996) 

S5169 RULES COM -- Amends 1630 & 3018, CPLR -- Requires that a defendant relying on provisions limiting liability of persons jointly liable raise such issue as an affirmative defense.  

S6661 VOLKER, Hannon, Goodman, Holland, Johnson, Larkin, Padavan, Present, Saland, Seward. -- As part of the the Civil Justice Reform Act, amends CPLR Article 16, where a claim is determined against two or more wrongdoers jointly liable or in a claim against the state, "the liability of each such wrongdoer to the claimant for loss shall not exceed the wrongdoer's equitable share determined in accordance with the relative culpability of each person causing or contributing to the total liability, whether or not such person was or could have been a party to the action." Does not impair the rights of wrongdoers pursuant to GOL 15-108, indemnification agreements or provisions of law, or workers compensation law. 

Article 21 - Papers 

S07457 VOLKER, Lack, Skelos/A10972 WEINSTEIN. Amends 304 and Rules 2101 & 2103, and adds 8023, CPLR; and amends 212, Judiciary L. Authorizes pilot program for use of facsimile transmission or electronic means to commence an action or special proceeding. We filed Report No. 146 (Aloe) on June 12, 1998, approving the bill.

A2212 and A7853 (identical bills both by GRIFFITH). This  bill proposes to amend CPLR 2106 to provide that an affirmation mady be used instead of an affidavit by anyone and  add Pen Law 210.46 to make a false wirtten statement in a civil action punishable as a class E felony.  We filed Report No. 72 (Ferstendig) on June 10, 1997, approving the bill with suggested modifications. [The bill was introduced last year as A7615-A and provided controversial.  We approved it with modifications.  See Report 261 1996 (Ferstendig) approving the bill.  See also 28 U.S.C. 1746 and NJ Court Rule 1:4-4. See also S03614 Volker to the same effect.] 

Article 22 - Stay, Motions, Orders and Mandates 

S02211 SKELOS/A02620 WEBRIN. Proposes to amend Rules 2214, 2215, and 2103 to provide for lengthier notice of motions, cross-motions and responding papers. We issued Report No. 27 on April 14, 1997 approving this bill. CPLR Committee sponsored legislation. 

S07171 RULES COMM. Amends R2214, CPLR. Requires a party seeking an order to show cause to specify clearly why he or she is seeking expedited relief via an order to show cause, and not by another, less urgent, method.  We filed Report No. 141 (Nagy) on June 12, 1998, approving the bill.

S03617-B VOLKER Amends R2217 & S5701, rpld R2221, add R2221-a, CPLR. Clarifies procedural law pertaining to reargument and renewal of motions in court proceedings; repealer  This bill has been reported out of Committee (Codes).  See also A7870. [A similar measure was proposed by S2345/A3772 MARCELLINO. Amends  CPLR 2217 & 5701, repeals & adds CPLR2221,  which makes provisions to govern motions to reargue and renew motions addressed to prior orders; specifies time limitations for making them and rights of appeal therefrom.] We issued Report No. 47 (Frazee) on May 9, 1997disapproving these bills. 
S1607/A3183 GOLD, Leichter -- Amd R2219, CPLR -- Authorizes administrative judge to sign ex parte order compelling judge to make a decision which has been unduly delayed.  Codes Com (See S 1864 of 1996)  We Filed Report No. 41 on the Bill (Chase). 

Article 23 - Subpoenas, Oaths and Affirmations 

A4743 CLARK -- Amd 2303, CPLR -- Provides that in any action commenced pursuant to article 16 of the election law, service of a subpoena pursuant to the CPLR shall be made upon motion with at least one days notice to the respondent.  Referred to Codes Committee. (See A122 of 1996) 

A906 TOCCI, MAYERSOHN. This bill would establish a system of procedural rights with respect to employee records.  Adds new CPLR 2306-A which would give employee rights when the employees records are subponeaed, including notice from the employer, and standing to move to quash or modify the subponea. (See A4952 of 1995). We Filed Report No. 29 (Nagy) on April 16, 1997 disapproving A906
 
S4958 HANNON -- Amd 17 & 18, Pub Health L; and 33.16, Ment Hyg L; and 2306, 8001 & R3111, CPLR -- Regulates the access to medical records of health care providers and provides uniformity to its authorization for imposition of fees for providing the same. Health Com We filed Report No. 118 (Nagy) on March 11, 1998 disapproving this bill. (See also S 4605 of 1996). 

S05771 SALAND/A08657 WEINSTEIN-- Amends various consolidated laws, generally, relates to the administration and implementation of child support enforcement; specifically: relates to the establishment of paternity; the collection of child support; brings the state of New York into compliance with the provisions of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996; facilitates an automated administrative method for review and adjustment of child support orders through the application of a cost of living adjustment; repeals certain provisions of domestic relations law relating thereto. Relevant CPLR 2301, 2302(a), 2304, 2308(b), 5205(c), 5241(a)-(c), (g) and (h), 5252(1), R4518(d), (e) and (g). Signed 8/13/97, Chapter 398 of the Laws of 1997. 

S03616 VOLKER  Amd S2307, CPLR; amd S610.20, CP L Eliminates requirement for motion and court order for a subpoena duces tecum seeking production from  library, department or bureau of state or political subdivision. 

Article 30 - Remedies and Pleading 

S5169 RULES COM -- Amd 1630 & 3018, CPLR -- Requires that a defendant relying on provisions limiting liability of persons jointly liable raise such issue as an affirmative defense.

Article 31 - Disclosure 

A1010 WINNER -- Amendment to 3101, CPLR -- Provides for the preclusion of the testimony of an expert witness where the identification and testimony thereof is not disclosed in a timely manner.  Codes Com (See A9078 of 1996). We filed Report No. 37 (Einstein) disapproving the bill. 

S484  DeFRANCISCO. Relates to the confidentiality of certain privileged information; allows a medical professional to reveal information relating to a defendant's alcohol or drug use at the time injuries were inflicted on a plaintiff in certain actions for damages.  Amends CPLR 3101 and 4504.  (See S4230/A5737 of 1996, with respect to which we filed Report No. 175 (Kaye), approving the previous bill
 
S4958 HANNON -- Amd 17 & 18, Pub Health L; and 33.16, Ment Hyg L; and 2306, 8001 & R3111, CPLR -- Regulates the access to medical records of health care providers and provides uniformity to its authorization for imposition of fees for providing the same. Health Com (See S4605 of 1996)   We filed Report No. 118 (Nagy), disapproving the bill. 

S06813 VOLKER/ A11019 KLEIN-- Amends 3113 and 3115, CPLR. Relates to the conduct of depositions to increase efficiency and expediency of such proceedings and to reduce the time and cost of taking depositions; limits attorneys opportunity to interpose objections that are preserved for trial by requiring objections to be made succinctly; makes changes regarding objections to a questions form to be succinct and accompanied by a statement of the claimed defect or basis for a perceived error or irregularity; prohibits attorney from interrupting a deposition to communicate with the deponent except under narrow circumstances; makes other changes regarding conducting depositions. We filed Report No. 134 (Critelli/Aloe) on June 5, 1998, approving the bill. 

S7664 VOLKER/A11001 LENTOL -- Amends Rule 3113, CPLR. Allows parties to stipulate to or have the court order that depositions may be taken by telephone or other remote electronic means provided that no such court order shall deprive a party of the right to take a deposition at a place specified by the CPLR. We filed Report No. 147 (Blair) on June 17, 1998, disapproving the bill as drafted.

S06803 VOLKER -- Amends 2305, amd R3120 & 3122, add R3122-a, CPLR. Simplifies the method by which documents are obtained for discovery from non-party witnesses and procured into evidence.  We filed Report 142 (Blair) on June 11, 1998, approving the bill.

A795  Amends CPLR 3121.  Authorizes OCA to prescribe rules governing fees physians charge for certain medical reports. We issued Report No. 33 (Cristo) on April 25, 1997 disapproving of the bill. 

S4416/A6300 VITALIANO   Amdns CPLR 3122 to require that documents be produced as they are ordinarily keptor labeled in accordance with the request.  CPLR Comittee affirmative legislation. Signed 7/14/98, Chapter 295 of the Laws of 1998.

Article 32 - Accelerated Judgment 

A4023 SCHIMMINGER -- amd 3213, CPLR -- Expands basis upon which a motion for summary judgment in lieu of filing a complaint may be made so as to include additional commercial causes of action.  Judy Com(See A 9188 of 1996)  Same as S178 N.B. This bill is based on NYSBA Affirmative Legislation Proposal.  S178 has already passed the Senate. 

S03602 VOLKER (at request of OCA Adviosry Committee) Amd S3214, 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. Knapp.  We Filed Report No. 100 (Knapp) on July 14, 1997, disapproving the bill. 

S5326 VOLKER -- Rpld & add R3216 rpld & add R3404, CPLR -- OCA Advisory Committee Program Bill. Provides that if a party unreasonably neglects to proceed in an action in which no note of issue has been filed, the court may take use of several options to address the problem, namely striking the offending party's pleadings in whole or in part, dismissing the action in whole or in part, issuing a default judgment or directing an inquest. Judiciary Bill. [See related bill, A3469.] We filed Report No. 89 (Nagy) on July 1, 1997, approving the legislation. 

A03469  WRIGHT. Amends CPLR CPLR 205, 3216 to require conduct constituting neglect to prosecute to be set forth on the record. We filed Report No. 3 on this bill on Feb. 19, 1997 disapproving this bill. [Introduced in 1995 as A. 4369, we filed Report No. 142 disappoving of on the previous incarnation of this bill. However, as stated in the preceding paragraph, the related Senate bill proposed by OCA S5326 was approved by us in Report No. 89 on S5326.] 

S07054 VOLKER -- Amends R3217, CPLR. Provides for voluntary discontuance by filing with the clerk before the case has been submitted to the court or jury a certificate or notice stating that any parcel of land which is the subject matter of the action is to be excluded pursuant to title 3 of article 11 of the real property tax law. 

A131 BRODSKY. Amends CPLR 3218 to declare void any judgment by confession or secuirty interest entered by a party to a matriomonial action on behalf of the plaintiff who is represented by the attorney representing such party to such action unless certain circumstances exists.  (See A338 of 1995). 

A442 KAUFMAN, MAYERSOHN. Bill to add a new subdivision e to CPLR 3218 to provide that conviction for crimes under Penal Law articles 120, 130, 135, 150, 155, 156, 160, 165, 170 or 176 shall be considered a confession of civil liability in subsequent civil action.  Senate Bill No. 674. We filed Report No. 1 (Ferstendig) on January 20, 1997 disapproving the bill. [A similar bill was introduced in the 1995-1996 session as S1440 and A2845, which were the subject of  Report No. 159 (Ferstendig) on May 8, 1995.]  

Article 34 - Calendar Practice; Trial Preferences 

A09696 O'CONNEL -- Repeals CPLR 3403(a). Eliminates the trial preference for an action to recover damages for medical, dental or podiatric malpractice by repealing the subdivision 5 of section 3403 of the civil practice law and rules which authorizes such preference.  Codes Com. Our Report No. 130 (Zeitlin) on May 14, 1998 approved the measure. See also A6673 of 1997 [ Note that OCA Advisory Committee has proposed an identical bill in  1998 package.] 

A3047 ALFANO, Anderson, Wirth; M-S Bonacic, O'Shea -- Amd 3403, CPLR -- Grants a trial preference to any action brought by a political subdivision of the state to recover monies owed.  Codes Com (See A 9229 of 1996). 

A10112 CONNELLY - Amends 3403, CPLR. Provides that an action or proceeding in which a judgment to withhold or withdraw life-sustaining treatment is sought shall be given a statutory trial preference. 

S06696 LEIBEL -- Amd 3403, CPLR Authorizes a trial preference for actions against the state or a political subdivision thereof involving affordable housing. 

S05326 VOLKER -- Rpld & add R3216 rpld & add R3404, CPLR -- OCA Advisory Committee Program Bill. Provides that if a party unreasonably neglects to proceed in an action in which no note of issue has been filed, the court may take use of several options to address the problem, namely striking the offending party's pleadings in whole or in part, dismissing the action in whole or in part, issuing a default judgment or directing an inquest. We Filed Report No. 89 (Nagy) on July 1, 1997, approving the bill.   See related bill, A03469 hereinabove under Article 2 proposals. 

Article 40 - Trial Generally  

S1781 HOLLAND, Lavalle, Padavan, Rath, Saland -- Rpld 18,, Chap 266 of 1986; add R4020, amd R4111 & 4213, CPLR -- Establishes limits on non-economic damages against health care providers; establishes a "clear and convincing" burden of proof in medical and dental malpractice actions; directs superintendent of insurance to complete audit of the hospital excess liability pool by January 15, 1998.  Codes Com (See S 282 of 1996) 

Article 41 - Trial by Jury 

S06776 VOLKER - Amends R4107, CPLR. Authorizes the Chief administrative judge to deploy a judicial hearing officer to preside over the voir dire phase of a civil trial. 

Article 45 - Evidence 

S180/A7763 Add S4502-a, CPLR; amd S1046, Fam Ct Act Deems communications between a parent and child to be privileged. Bill is based on Affirmative Legislation Proposal of the CPLR Committee. 

AO9737 KAUFMAN. Adds CPLR S4502-a to protect from disclosure a confidential communication made by a parent to a child or by a child to a parent. Compare legislation above at S180/A7763

A700 COLEMAN.  Amends CPR 4504 to provide for disclosure of chemical test in actions for damages for personal injuries or death against an opertor of a motor vehical or vessel.  Codes Com.  See A5737 of 1995)  We Filed Report No. 175 on A5737

A10111 and S484  DeFRANCISCO. Relates to the confidentiality of certain privileged information; allows a medical professional to reveal information relating to a defendant's alcohol or drug use at the time injuries were inflicted on a plaintiff in certain actions for damages.  Amends CPLR 3101 and 4504  (See S 4230/A5737 of 1996).  We filed Report No. 175 on the previous bill 

S06199 VOLKER. Proposes to add CPLR 4505-a, extending confidentiality to communications between police union officials and police union members in certain cases. Assembly Bill, A09244.

A1156  OCA Bill.  Amends CPLR 4517 to expand  the permitted use of prior testimony at trial; allows such permitted testimony to be used for any purpose by any party who is adversely interested in the prior testimony when the prior testimony is offered into evidence.   (See A. 7624 of 1996) (Lipshie). 

A09700 O'CONNEL -- Amd R4517, CPLR -- Provides for the use of prior testimony by an unavailable witness in actions involving domestic violence where such witness is absent and the proponent of the testimony has been unable to procure the witness` attendance by process or any other means, and (in actions for domestic violence) if such prior testimony was subject to cross-examination; permits certain other testimonial evidence to be admitted in such proceedings.  See similar bill introduced earlier: A6674 BALBONI -- which omits the cross-examination condition. We filed Report No. 122 (Blair) on April 7, 1998, disapproving the bill.

S06804 VOLKER and A07875 COMM.ON RULES -- Repeals & adds R4517, CPLR. Permits use at trial of the prior trial testimony of a party; any person who was a party when testimony was given; or any person who at the time the testimony was given was an officer, director, member, employee, or managing or authorized agent of a party. This testimony could be used for any purpose by any party who is adversely interested when the prior testimony is offered in evidence.  We filed Report No. 128 (Lipshie) on May 14, 1998 disapproving the bill. 

A5120 CLARK -- Add 4519-a CPLR. Adds 60.47, CP L -- Provides that possession of a condom shall not be received in evidence for purposes of proving prostitution.  Codes Com (See A4845 of 1996)e as Uni. S 3065 

S3504 SKELOS -- A6155-A -- WEBRIN. Adds 4547, CPLR -- Makes provisions with respect to privileged communications providing that such communication privileged shall not lose its privileged character for the sole reason that it is communicated by electronic means.  Codes Com.  This is affirmative leg. proposed by the NYSBA CPLR Committee. Signed 7/7/98, Chapter 156 of the Laws of 1998.
A1419 CONNELLY, GROMACK. Adds a new CPLR 4547 to provide that, in a wrongful death action based on medical malpractice, decedents' personal representative refused to permit an autopsy.  (See A 1062 of 1996) (English -- Being reviewed on prior Report)
S6415 A09885 WEPRIN. Add 4548, CPLR. Provides that evidence of furnishing or offering or promising to furnish, or accepting or offering or promising to accept any valuable consideration in compromising or attempting to compromise a claim shall not be admissible to prove liability or invalidity of such claim. This is affirmative leg. proposed by the NYSBA CPLR Committee. Signed 7/14/98, Chapter 317 of the Laws of 1998.
 
Article 50 - Judgments Generally

S3730 VOLKER, LACK -- Amd 5004, CPLR; amd 5-4.3, EPTL; amd 16, St Fin L -- Establishes a formula for calculating the rate of interest on judgments and wrongful death actions at the federal short term rate plus two percentage points.  Attorney General Bill. Codes Com 

A1743 SEAMAN, Anderson, Calhoun; M-S Crouch, D'Andrea -- Add 5005, CPLR -- Limits awards of non- economic loss in claims against public entities to two hundred fifty thousand dollars; defines non-economic loss to include pain and suffering, mental anguish, loss of consortium or other damages which are not economic loss; provides for an exception for gross negligence or reckless, wanton, or intention conduct.  Codes Com (See A 6564-A of 1996) 

S6661 VOLKER, Hannon, Goodman, Holland, Johnson, Larkin, Padavan, Present, Saland, Seward. -- As part of the the Civil Justice Reform Act, amends CPLR 5031, to apply a 4% per annum interest rate to annuity contracts for future damages, as "the exlusive measure of interest, infaltion, foregone investment opportunity and any other measure of damage."

Article 52 - Enforcement of Money Judgments 

A3894 WEINSTEIN,  Connelly, Eves; M-S; Gottfried, Vitaliano -- Amends 5205 & 5206, CPLR; amd 282, Debt & Cred Law -- Raises amounts of various asset exemptions from application to the satisfaction of money judgments.  Judy Com (See A 4282-A of 1996)   We filed Report No. 15 on March 11, 1997 approving the bill 

S07007-B GOODMAN -- Amends 5205(c), CPLR; amends 282, Debt & Cred Law. Includes Roth IRA`s in provision which exempts monies of a judgment debtor subject to satisfaction of a money judgment.  Signed 7/7/98, Chapter 206 of the Laws of 1998.

A09566 BOYLE. Makes provisions with respect to the personal property exemption from applications to satisfy money judgments, permissible exemptions in bankruptcy, and trust dispositions with respect to qualified individual retirement account under section 408-A of the Internal Revenue Code.

A1439 POLONETSKY. This bill would amend CPLR 5231(h) to increase the fees due to the state, its political subdivisions, public benefit corporations and the boards of education when served with an income execution from $2.00 to $29.00. It also amends CPLR 5241 by adding subdivision (j) which provides that for each pay period the state, its political subdivisions, public benefit corporations or the boards of education makes an income deduction pursuant to an income execution for support enforcement, it would be entitled to a fee of $2.00 to be taken directly from the debtor's salary. However, if deducting the $2.00 would exceed the limits set forth in CPLR 5241 (g), a lesser fee may be deducted to stay within the limits.  We filed Report No. 2 (Juhase) on February 3, 1997 approving the bill. In 1996, we reported on a similar bill S6160/A9493; see Report No. 247 (Juhase) approving the prior bill. 

S2143  MENDEZ.  Amnd CPLR 5234 to provide  if there is an excess of $500 or more after payment of expenses and payment to a judgment creditor, the judgment debtor shall be paid interest by the judgment creditor, on the excess. On April 3, 1995, we filed Report No. 121 disapproving a previous version of the bill, S2371 (1995). Reissued as Report No. 35 on 4/25/97 (Taylor). 
 
A6440 WEINSTEIN, Sandlers; M-S; Grannis, Jacobs -- amd 137-a, 111c & 111-h, Soc Serv L; amd 5241, CPLR -- Exempts social security and unemployment benefits from income execution where recipient is on public assistance or care; sets limits on support repayment liability.  Judy Com (See A 6003-A of 1996). 

S05958    Amd.  CPLR 5241.  Authorizes the enforcement of orders of restitution and reparation by allowing  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 thosesed for support award enforcement (Arce). 

S4443 SKELOS, LEVY, MARCELLINO, TULLY -- Amd 420.12, CPL; amd 5241 &5242 CPLR -- Authorizes the enforcement of orders of restitution and reparation by allowing designed 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. Codes Com Same as A 3137 

A3893 WEINSTEIN; M-S Hochberg, Polentsky -- Amd 5242, CPLR -- Requires that the form of income deduction order 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.   Judy Com (See A 931 of 1996).  We filed Report No. 14 (Lobel) on March 11, 1997 approving the bill. 

Article 54-A [New] - Interstate Docketing of Judgments between the States of New York and New Jersey 

S4919 VOLKER Add Art 54-A SS5450 - 5455, CPLR Provides for the establishment of an interstate compact for the docketing and recognition of judgments between the state of New York and the state of New Jersey; makes provisions for the filing and satisfying of judgments and with respect to fees for filing of such judgments.  

Article 55 - Appeals Generally 

S4304/A8560 (Sen. VOLKER and Assemble Rules Comm.). Amends 5519, CPLR Provides that a notice of appeal from a denial of a motion to dismiss or from denial from a motion for summary judgment stays all proceedings. Compare S3613 infra.  We filed Report No. 91 on July 15, 1997 (Knapp) disapproving S4304. 

S03613 VOLKER. Amends 5519, CPLR. Provides that the automatic stay granted to municipal corporations and municipalities when appealing a judgment or order applies only to enforcement of the order of judgment being appealed and not the litigation of the action. Compare S4304 supra. We filed Report No. 91 (Knapp) on July 15, 1997 approving S3613. 

S3114 SEABROOK, Leichter -- Amends 5519, CPLR -- Eliminates the automatic stay in civil actions when the state or a political subdivision is appealing a judgment or order.  Codes Com Same as Oni. A 5303. 

A554 KAUFMAN.  Provides that when, upon appeal, a judgment is reversed or modified and the case remanded back to the lower court, the party adversely affected by the original judgment or order shall have the right upon remand to have a judge different from the judge who granted the original order or judgment appealed from. Creates new CPLR 5522(c).  (See A6412 of 1995) (J. Burke) (See Report 057 of May 20, 1997 disapproving the bill). 

Article 56 - Appeals to the Court of Appeals 

A2150 GRIFFITH.  Amends CPLR 5601 to abolish appeals of right to the New York Court of Appeals. (See A6773 of 1996).

Article 57 - Appeals to the Appellate Division

S2345/A3772 MARCELLINO Amd  CPLR 2217 & 5701, rpld & add CPLR2221,  Makes provisions to govern motions to reargue and renew motions addressed to prior orders; specifies time limitations for making them and rights of appeal therefrom. See also S3617 by Sen Volker below.  We issued Report No. 47 (Frazee) disapproving the bill. 

A2218  GRIFFITH. Amends CPLR 5704 to require that an application to review an ex parte order must be submitted to the clerk, who will assign the application to an appropriate justice of the App. Div. or App. term as the case may be. With respect to A2218, we reissueed our report as Report No. 5 (Burke) on Feb. 26, 1997 which disapproved in part and approved in part. [See also A. 5819 of 1996 and A.3527 of 1995 with regard to which we issued our prior report.] 

S5142/A8559 VOLKER, Lack -- Amd 5704, 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 court in which the motion is made may vacate, limit or modify such stay. Attorney General Bill. Codes Com (See S 4554 of 1996). We Filed Report No. 83 (Steinman)on July 15, 1997 disapproving the bill. 

Article 63 - Injunction 

A7032 WEINSTEIN. Amends CPLR 6313 to require prior notification of TRO applications. An OCA proposed bill. We issued Report No. 70 (Kaye) on June 10, 1997 in favor of the bill. 

Article 64 - Receivership

Article 65 - Notice of Pendencey 

S1047 KRUGER.  Amends DRL 234 and CPLR 6501 to require that the clerk accept for filing a lis pendens in a matrimonal action where either party's pleading seeks equitable distribution.  On May 11, 1995, we filed Report No. 174 approving of S1362, which was the same bill in the prior year. 

Article 71 - Recovery of Chattel 

A10304 SIDIKMAN, et al. -- Amends 7113, CPLR Provides for reversing the burden of proof in an action brought by a victim of the Nazi German regime, or a successor in interest, to recover a chattel lost by such a victim due to the actions of that regime; upon the plaintiff`s pleading of these circumstances, the plaintiff will have a rebuttable presumption of entitlement, and the defendant will have to prove his or her entitlement by a preponderance of the evidence to prevail.  We filed Report No. 127 (Blair) on May 14, 1998 disapproving this measure.

Article 75 - Arbitration 

A02847 LENTOL -- Amd 7511, CPLR -- Authorizes the court to modify an arbitration award if such award is subject to a valid offset.  Codes Com Same as S 223 (Brager) 

Article 78 - Proceeding Against Body or Officer 

A02099  LAFAYETTE.  Amends CPLR 7802 to provide Community Boards in NYC to institute special proceedings when they find themseves aggreived by actionsof a city or state agency.   On April 7, 1995, we filed Report No. 129 on a previous bill, A1208, disapproving the bill.  

S04303 VOLKER. Amend CPLR 402, 405 & 7804. Relates to pleadings in special proceedings; provides that the petition and answer shall be accompanied by a brief and all affidavits relied upon by the parties; also provides that nonconforming pleadings shall be deemed defective. This is a bill prposed by the Attorney General. We filed Report No. 90 (Critelli) on July 1, 1997 disapproving this proposal. 

A02221 GRIFFITH -- Amends CPLR 7804(g) to provide that all Article 78 proceedings originate in the supreme court. See 6772 of 1996. We filed Report No. 6 (Gaug) on Feb. 26, 1997 disapproving of the bill. 

Article 80 - Fees 

S04958 HANNON -- Amend 17 & 18, Pub Health L; and 33.16, Ment Hyg L; and 2306, 8001 & R3111, CPLR -- Regulates the access to medical records of health care providers and provides uniformity to its authorization for imposition of fees for providing the same. Health Com (See S 4605 of 1996)   Nagy -- assigned 2/13/98 

A03661 LENTOL -- Amend 8003,, CPLR -- Amd 8003 CPLR -- Increases statutory fee paid to referee for each day spent in the business of the reference to $350. Judy Com (See A 10922 of 1996) Same as S2293 Sen Volker.   See similar bill A404/S581 infra. 

A00404. FELDMAN -- Amends CPLR 8003 to increase from $50 to $100 the fee that a referee spends each day in the business of the reference. (See A4789-A of 1995)  See S581.  CompareA3661/S2293 incresing fee to $300. 

S00581 ONORATO, Kruger, Nanula -- Amd 8003, CPLR -- Increases from 50 to 100 dollars the fee for each day a referee spends in the business of the reference.  Codes Com (See S2854-A of 1996) Same as A 404 

S04729 VOLKER -- Amd 8007, CPLR; amd 70-a, Pub Off L; amd 60, Gen Con L -- Increases statutory fees and rates to be paid by public officers for public advertisements and those which newspapers can charge for legal notices. Codes Com Same as Uni. A 7631. 

S04625 FARLEY -- Amd 8017, CPLR -- Exempts municipal corporations from the payment of fees imposed under the civil practice law and rules except for that portion retained by a county.

S07231 JOHNSON -- Amends 8017, CPLR. Grants political subdivisions of the state, and agencies and officers thereof from payment of any fee of a clerk for services rendered in any civil cause of action in which such political subdivision, agency or officer is involved. See related S04625 supra. 

S00261 TRUNZO.This is a bill to create a displaced homemakers fund.  It amends CPLR 8018 to increase the index number fee to $160. Labor Committee.  (See S3261/A5848 of 1996). 

S06832 PADAVAN -- Amends 918, County L; amd 8019, CPLR. Authorizes the county clerk of the counties of Nassau, Suffolk, Westchester and Rockland to maintain separate judgment docket volumes containing judgments made or entered in the civil court of the city of New York 

Article 83 - Disbursements and Additional Allowances 

S06868 MALTESE et al. -- Add 8301-a, CPLR Provides for furnishing of transcript of trial for murder or homicide to the victim or his or her survivors at no cost to victim or survivors. 

S1449 DOLLINGER -- Amd 621,625 and 631, Exec L; amd 8303-a, CPLR -- Allows a crime victim who has been awarded costs in a frivolous lawsuit to receive payment from the crime victims board; expands sanctions against frivolous suits to all lawsuits.  Crime & Cor Comm. 

S05753 ALESI/A05193 ROBACH -- Amends .621, 625 & 631, Exec L; amd Sec.8303-a, CPLR. Allows a crime victim who has been awarded costs in a frivolous lawsuit to receive payment from the crime victims board; expands sanctions against frivolous suits to all lawsuits. Signed 9/1/97, Chapter 620 of the Laws of 1997. 

A09471 FELDMAN/S01935 DeFRANCISCO. Repealed and amends CPLR 8303-a. Relates to awards of costs and financial sanctions for frivolous conduct in civil litigation; defines frivolous conduct as conduct completely without merit in law or fact or conduct undertaken primarily to delay or prolong the resolution of litigation. Referred to Jud. Comm. Similar, but more expansive measure was introduced in 1997 as A00587 FELDMAN, which 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. (See also A5007 of 1995, with respect to which we filed Report  No. 169 (Gacioch) on May 9, 1995 disapproving the prior measure.)

A2056  NESBITT.  Adds CPLR 8304 which would direct the awarding of attorney's fees to prevailing petitioners who challenge a state rule or regulation that violates state or federal law or exceeds the legal authority to promulagate such rule or regulation and the legislature has notified the appropiate department or agency that the rule or regulation is contrary to law. Same as A.3535 of 1996   A. 5540/S.5173 of 1994    A. 6569 of 1992  We filed Report No. 39 (Weinholtz) on April 29, 1997 disapproving the bill. 

A2700 THIELE -- Add 8304, CPLR -- Provides that court shall award attorney's fees and cost of litigating the defense of false and groundless actions and special proceedings to the prevailing defendant; establishes standards for the court in making such determination.  Judy Com (See A 6707 of 1996).  We Filed Report No. 46 (Gaciooch) on May 9, 1997 disapproving this measure. 

A1326  Increases the penalty for certain prohibitions on using false statements or altering mileage registering devices on an automobile; makes related provisions.  Amends CPLR 8303.   (See A5617 of 1996). 

Miscellaneous Measures 

A09759 TOCCI et al./S06838 STAFFORD. Amends Section 4, Chap 266 of the Laws of 1981. Extends the statute of limitation for phenoxy herbicide actions for armed forces personnel who served in Indo-China for an additional two years, i.e., until June 16, 2000. Signed 6/9/98, Chapter 98 of the Laws of 1998. 

S03479 LACK/A07920 RULES Comm. -- Amends 50-e, Gen Muni L Allows parties to file a late notice of claim in city courts, district court and New York city civil courts. Vetoed by Governor on 7/14/98.

A10384 VITALIANO et al. Amends 104-A, BCL; amd 1101, adds 211-A, 301-A & 804-A, repeals 301 sub (d), Lim Lil L; amd 121-104, 121-1300, 121-1500 & 121-1502, add 121-104-A, 121-202-A & 121-903-A, 121-1506, Partner L. Allows an addressee for service of process of limited liability companies, limited partnerships and registered limited liability partnerships to resign; permits a registered agent or addressee for service of process to change his or her address on record with the department of state. we filed Report No. 148 (Bragar) on June 17, 1998, approving the bill.

S2786 LACK and A7037 WEINSTEIN et al. Repeals & adds 15-108, Gen Ob L. Repeals and reenacts provisions regarding settlement of tort actions. Advanced to third reading in both houses.

A02106 -- Adds Art 3 Title 6 3-602, Gen Ob L. Grants immunity to officers, directors and members of veterans` corporations rendering volunteer services, either in directing organization or services and assistance in the course thereof where not wanton, willful, grossly negligent or operating a motor vehicle

A556 KAUFMAN. Permits New York city housing court in summary proceedings to grant a declaratory judgment or injunctive relief in any matter arising out of such enumerated jurisdictional powers; provides that a right to counterclaim on issues related to tenancy in a summary proceeding may not be waived; makes related provisions.  (See A3534 of 1995).  NYSBA's Real Property Law Saection (Committee on Residential Landlord and Tenant) Filed Report No. 69 (Filemyr)on A3534 on Feb. 28, 1995 disapproving the prior bill.  Our Committee is preparing a report (Stallman) on the current proposal. 

S730 VOLKER et al. 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. (See S5740 of 1996)

A1706 BECKER. Authorizes the institution of civil forfeiture actions in connection with certain misdemeanors defined in the environmental conservation law covering the illegal dumping of certain hazardous or noxious substances or regulated medical waste. (See A4177 of 1996). 

S318/A571 SKELOS, Hannon,  Rath and M of A Webrin to provide authority to make rules for the establishment of commercial parts throughout the state.  (See A7501 of 1995). 

S387  NOZZOLIO.  Makes available to crime victims the proceeds of civil recoveries obtained by prisioners against state and local government.  (See S6924 of 1996). 

S388  NOZZOLIO. Eliminates all state funding for inmate law suits against the state and sets index number fee for filing such a suit at fifty dollars.  (see S599 of 1995) 

S488  DeFRANCISCO.  Expands the class of persons and offices which may file a judgment in a criminal case as a judgment in a civil case. See S1967 of 1996. 

S4970 HANNON Amd S157, Pub Hous L; amd S3-a, Gen Muni L; amd S16, St Fin L; amd S1, Chap 585 of 1939 Alters the interest rate to be paid by certain public corporations upon judgments and accrued claims by tying it to the interest rate set by the commissioner of taxation and finance as an overpayment rate. 

 

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