S T A T E   O F   N E W   Y O R K
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                                      3469
                           1997-1998 Regular Sessions
                              I N  A S S E M B L Y
                                February 4, 1997
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    Introduced  by  M. of A. WRIGHT, ORTIZ -- Multi-Sponsored by -- M. of A.
      BOYLAND, COOK, RIVERA -- read once and referred to  the  Committee  on
      Codes
    AN  ACT to amend the civil practice law and rules, in relation to termi-
      nation of an action
      The People of the State of New York, represented in Senate and  Assem-
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    bly, do enact as follows:
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 1    Section  1.  Subdivision  (a) of section 205 of the civil practice law
 2  and rules, as amended by chapter 216 of the laws of 1992, is amended  to
 3  read as follows:
 4    (a)  New  action by plaintiff. If an action is timely commenced and is
 5  terminated in any other manner than by  a  voluntary  discontinuance,  a
 6  failure  to obtain personal jurisdiction over the defendant, a dismissal
 7  of the complaint for neglect to prosecute the action, or a  final  judg-
 8  ment  upon the merits, the plaintiff, or, if the plaintiff dies, and the
 9  cause of action survives, his or  her  executor  or  administrator,  may
10  commence  a new action upon the same transaction or occurrence or series
11  of transactions or occurrences within six months after  the  termination
12  provided  that  the  new  action would have been timely commenced at the
13  time of commencement of the prior action and that service upon defendant
14  is effected within such six-month period. Where a dismissal is  one  for
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15  neglect to prosecute the action made pursuant to rule thirty-two hundred
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16  sixteen  of  this chapter or otherwise, the judge shall set forth on the
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17  record the specific conduct  constituting  the  neglect,  which  conduct
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18  shall  demonstrate  a  general  pattern  of delay in proceeding with the
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19  litigation.
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20     2. This act shall take effect immediately.
     EXPLANATION--Matter in italics (underscored) is new; matter in brackets
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                          [ ] is old law to be omitted.
                                                               LBD04258-01-7