CPLR Bills in 1999/2000 Legislature

Last update 10/06/06

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

S03645 SPANO - Amd S105, UCCA; amd S105, CPLR.  Grants the enforcement officers of a city court, designated in lieu of the sheriff, the same functions, powers and duties as granted to sheriffs with respect to the execution of money judgments. ADVANCED TO THIRD READING 05/15/00.

Article 2- Limitations of Time

A1395 MATUSOW - Amd S206, 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. We filed Report No. 15 (Juhase) on Apirl 7, 1999, approving the bill.

A4589 YOUNG - Add S208-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; provides that any person against whom a criminal action has been commenced for a sex offense shall not commence a civil action against the victim, if there has been no termination of the criminal action and the civil act is based on accusations, statements, allegations or reports made by the victim with reference to the incident which gave rise to the criminal action. 

A07118 KAUFMAN - Amd S208, CPLR.  Restores the former meaning of the law in defining "infancy" for the purpose of tolling a statute of limitations under CPLR 208, by defining infancy as "under the age of eighteen years", rather than as a disability "because of", or "due to", infancy; provides that this bill is intended to reverse the interpretation made by the Appellate Division, Second Department, in the case of Henry v. City of New York (New York Law Journal, August 7, 1998).

S07090 DOLLINGER - Add S11-107, Gen Ob L; amd S211, CPLR.  Provides that every county, city, town, village or fire district which must expend resources to respond to a fire emergency which was caused by, or related to, the use of unsafe cigarettes, shall have a cause of action against the manufacturer of such unsafe cigarettes; provides that costs which may be recovered include the actual costs for police protection, fire protection services, use of equipment, workers` compensation and disability insurance; defines unsafe cigarettes as cigarettes which continue to burn for more than sixty seconds after last smoked and which fail to contain fire safety design features established by the national institute of standards and technology.

S03689 RATH - Amd S213-b, CPLR; amd S632-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. 74 (Bragar) on July 6, 1999, giving limited approval to and predominantly disapproving the bill. 04/27/1999 PASSED SENATE.

S00849 BALBONI/A03864 O'CONNELL - Add S213-c, CPLR Creates a civil cause of action for medical abandonment; provides that an action to recover damages for personal injury or wrongful death caused by the arbitrary, capricious, negligent or other tortious decision of a health maintenance organization or medical care facility to withhold or diminish medical care or treatment may be commenced within 3 years of the date of such decision. We filed Report No. 2 (Juhase) on March 3, 1999, disapproving the bill. See also Report No. 129 to S.6553/A.9701 of 1998.

A1724-A LUSTER - Amd S214-a, CPLR. Establishes the statute of limitations for medical, dental or podiatric malpractice actions at 1 year after the discovery of an illness, injury or condition which should have been diagnosed earlier but for the failure of a health care practitioner, or the failure to accurately report or communicate the results of tests or diagnostic procedures; provides for the limited revival of certain time-barred causes of action thereof. 

S01585 SEWARD - Amd S214-a, add Art 50-C SS5051 & 5052, CPLR. Establishes the statute of limitations for medical, dental or podiatric malpractice actions at 1 year after the discovery of an illness, injury or condition which should have been diagnosed earlier but for the failure of a health care practitioner, or the failure to accurately report or communicate the results of tests or diagnostic procedures; limits noneconomic loss damages in a medical, dental or podiatric malpractice cause of action to $250,000. 

A06559-A WEINSTEIN/S05123 VALELLA - 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. A06559-A 04/22/1999 ADVANCED TO THIRD READING CAL.334.

A03555 LENTOL/S02062 JOHNSON - Amd SS13-a & 13-l, Work Comp L; amd S459, RPT L; amd S404-a, V & T L; amd SS6556 & 902, Ed L; amd SS214 & 214-a, CPLR.  Authorizes chiropractors in worker`s compensation cases to certify disability, and provide second opinions and services under 500 dollars without authorization by an employer; enables chiropractors to certify a person`s disability for purpose of receiving a real property tax exemption for disabled people and handicap license plates; provides chiropractors with good samaritan immunity; reduces the statute of limitations for chiropractic malpractice to 2 1/2 years; authorizes chiropractors to assist school district medical inspectors. 

A01340 THIELE/S01508 LAVALLE. Amd S214-c, CPLR. Affirms and continues the common law actions for recovery of damages for personal injury or property damage caused by the latent effects of exposure to a toxic substance; in doing so the 3 year time period for such recovery is extended by allowing such time period to run from date of discovery of the injury. 

S06245 VALELLA/A09829 RAMIREZ - Add S214-f, CPLR.  Provides a cause of action for WW II slave labor victims and WW II forced labor victims to recover compensation for services performed; revives action that may otherwise not be available due to statute of limitations if such action is commenced within ten years of the effective date of this section. PASSED SENATE 06/06/00; PASSED ASSEMBLY 06/13/00.

S01712 BRESLIN -  Add S78-a, Civ Rts L; amd S215, CPLR.  Provides that a cause of action for a declaratory judgement of libel or slander would accrue to the spouse, parent or child of a decedent as the result of a libel or slander which occurred after, but within five years of a decedent`s death; provides that any such action must be commenced within one year of the date of the alleged libel or slander; provides that prior to the commencement of such action, the spouse, parent or child must request a retraction of such statements by registered or certified letter.  We filed Report No. 56 (Banas) on June 14, 1999, disapproving the bill.

A04473 LUSTER et al. - Add Art 5-B SS58 - 58-m, Civ Rts L; amd S215, CPLR.  Enacts the "health information privacy act" which provides that health care information on identifiable persons is to be kept confidential and secured in an appropriate manner; requires maintenance of records of the disclose of such information by the holders thereof; requires the informed consent of the person to whom the information relates for the disclosure of health information in most cases; requires court to review the disclosure of such information for purposes of civil or criminal litigation; establishes civil remedies for violation of such provisions and makes the intentional or knowing violation thereof a misdemeanor punishable by a fine of up to $5,000, imprisonment of up to 1 year, or both such fine and imprisonment. 

A05754 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. We filed Report 122 (Uebelhoer) on June 2, 2000, disapproving the bill. See also Report No. 71 to S 4477 and A 2088 fo 1997.

S03409 VOLKER/A07656 LENTOL - Amd S217, CPLR.  Requires an agency to give written notice to potentially aggrieved parties as to precisely when the period during which they may seek court review commences against a body or officer in a proceeding.  We filed Report 9 (Juhase) on March 26, 1999, approving the bill.  See also  Report No. 36 to S3615 of 1997.

Article 3 - Jurisdiction and Service 

A6393-C WEPRIN/S3069-C SKELOS - Amd SS304, 306-a & 306-b, CPLR.  Provides that a special proceeding shall be commenced by the filing of a petition and such petition with notice of petition or order to show cause shall be served within 120 days of the filing of the petition.   Original legislation proposed by the CPLR Committee. Supporting Memorandum. S3069-C PASSED SENATE 06/05/00.

A02170 RAMIREZ - Amd S230, Pub Health L; add S535, County L; amd SS304 & 8018, CPLR.   Requires the county clerk to forward a copy of the summons and complaint alleging professional medical misconduct or medical malpractice to the commissioner of health; commissioner shall then refer it to the director of the office of professional medical conduct for review as to professional misconduct; requires an extra copy to be filed with the county clerk and increases the fee therefor. 

S02349 VELELLA/A0024 KAUFMAN - Amd S308, CPLR. Permits service of process on the doorman or concierge of a multiple dwelling subject to certain conditions to satisfy delivery requirement for delivery and mail service under CPLR 308(2); makes provisions regarding what constitutes proof of service.  See Report No. 85 on A. 612 of 1997.

A03566 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 by clear and convincing evidence that the defendant actually has received process. 

S01206 SKELOS/A01768-A SCHIMMINGER - Amd SS310 & 311, add S311-a, CPLR; rpld S303, amd S305, Lim Lil L. Provides for the personal service of process upon limited liability partnerships, limited partnerships and limited liability companies.  06/10/99 - PASSED SENATE; 06/15/99 - PASSED ASSEMBLY. Signed July 27, 1999, Chapter 341 of the Laws of 1999.

Article 4- Special Proceedings

S05529 VOLKER - Amd SS402, 405 & 7804, CPLR.  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. We filed Report No. 65 (Critelli) on June 18, 1999, disapproving the bill.

Article  5- Venue

A00011 BRODSKY/S05142 LACK - 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.   06/05/00 PASSED ASSEMBLY.  We filed Report No. 61 (Steinman) on June 18, 1999, disapproving the bill

Article  9 - Class Actions

S07346 VOLKER - Add S208, St Ad Proc Act; amd S901 & R907, CPLR.  Relates to staying and dismissing class actions if a state agency has jurisdiction over any defendant and staying discovery and other proceedings during the pendency of a motion to dismiss or a motion for summary judgment.

Article  10 - Parties Generally

A01264 HARENBERG /S00759 JOHNSON- 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 S759 PASSED SENATE 06/06/00.

Article  12- Infants, Incompetents and Conservatees

S03406 VOLKER -  Amd S1204, CPLR.  Provides for compensation of a guardian ad litem appointed for children or adults in civil proceedings from public funds where there is no other source.

S03008 LEIBELL/A05492 STEPHENS - Amd S1207, CPLR.  Allows payment of interest on settlement of claims by infant, incompetent or conservatee if settlement process is not timely or works hardship allowance is in discretion of court.  We filed Report No. 13 (Burke) on March 31, 1999, disapproving the bill.

S06923 VOLKER - Amd SS1207, 1208 & 5003-a, CPLR; amd S2220, SCPA.  Provides for payment of interest on certain settlements of an action or claim by an infant or incompetent requiring court approval at a rate of 4% commencing on the 15th day or, in the case of a state or municipal entity, the 61st day.

A10425 RULES COMM. - 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. PASSED ASSEMBLY 06/06/00.

Article 13 - Actions by the State

A01584 ALFANO/S05537 VOLKER   - S1310, CPLR.  Provides that money laundering in the first and second degrees shall be considered "pre-conviction forfeiture crimes" where the underlying offense relates to the sale of a controlled substance for purposes relating to forfeiting the proceeds of a crime. 

S01112 GOODMAN/A08332 RULES COMM. - Amd SS1310 & 1311, CPLR.  Authorizes the forfeiture by state and local authorities of privately owned real property when it is proven by a preponderance of the evidence that a non-criminal owner at such real property has failed to take reasonable precautions to prevent the use of such real property for illegal drug activity.

A04703 DARCY -  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. 

S05111 PADAVAN - Amd S1311, CPLR.  Creates a presumption with respect to a non-criminal defendant`s knowledge of an instrumentality used in a crime; provides that a non-criminal defendant who knows, or should know, of prior illegal use by a criminal defendant of the instrumentality of a crime shall be presumed to know that the instrumentality was used in the commission of a subsequent crime or that obtaining an interest in such instrumentality may assist the criminal defendant in avoiding forfeiture.

A05221 DALY- 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.  See as Report No. 34 to A 1741 of 1997.

A06494 SEAMAN/S04849 VOLKER  - Amd S1333, CPLR.  Provides for the issuance of a temporary restraining order pending a hearing for a preliminary injunction in a civil forfeiture action for the proceeds of a crime where it appears that immediate and irreparable injury, loss, or damage may (rather than will) result unless the defendant is restrained before the hearing can be had.

A02490 ALFANO - Amd S1349, CPLR.  Authorizes claiming authorities or agents to retain electronic equipment for law enforcement purposes in civil forfeiture actions for the proceeds of a crime; adds electronic equipment to items such as vehicles, vessels and aircraft which may be retained by law enforcement officials after forfeiture. 

Article 14 - Contribution

A10422 WEINSTEIN - Add S1405, CPLR.  Permits a plaintiff in a tort case to recover against a third party defendant where a third party plaintiff is insolvent.

S05541 VOLKER/A08568 RULES COMM. -Amd S1411, CPLR. Sets forth blood alcohol content limits for presumptive evidence of intoxication or impairment of a plaintiff in actions to recover civil damages for personal injury, injury to property or wrongful death, intoxication of a claimant or decedent shall bar recovery of damages.

Article 14-B [New]

03496 GOODMAN - Amd SS105, 1411, 1601 & 1602, add Art 14-B S1414 & Art 17 SS1700 - 1701, CPLR; add S71-c, Gen Muni L; amd S474-a, Judy L.  Reduces the cost of tort liability of public entities; enumerates situations where recovery against a public entity is reduced or prohibited.

S00814 HANNON - Add Art 14-B SS1420 - 1429, CPLR.  Enacts the uniform correction or clarification of defamation act to assist in correcting false publications; authorizes a right of action for non-economic damages only where a correction or clarification of defamation is not timely made.  04/13/1999 - ORDERED TO THIRD READING CAL.537.
 
Article 16 Limited Liability of Persons Jointly Liable

S02277 VOLKER, HOLLAND, JOHNSON, LARKIN, LIBOUS, MARCELLI- NO, PADAVAN, SALAND, SEWARD/A04509 MORELLE, SCHIMMINGER, HOCHBERG, MAGEE. Rpld Art 16 SS1600 - 1603, S214-d, R3211 sub (h), R3212 sub (i), amd CPLR, generally; rpld S241-a, amd SS240 & 241, add S741; and S720-a N-PC L; amd S388, V & T L; amd S9, add S9-a, Ct Claims Act; amd S50-e, Gen Muni L; amd S65-a, Town L; amd S6-628, Vil L; amd S474-a, Judy L; amd S9-103, add Art 18-B S18-301 - 18-305, Gen Ob L. Enacts the "civil justice reform act " making numerous changes to provisions of law regulating civil causes of action, including requiring the filing of a certificate of merit in actions for negligence or malpractice against professions; establishes joint and several liability equitable share limitations; establishes statutes of limitations in causes of actions for product liability and the provision of defective services; repeals and reenacts provisions on civil limited liability actions; bars recovery for personal injury to criminal defendants and makes provisions regarding use of scaffolding.

A07160 WEINSTEIN/S03395 LACK - Rpld & add S15-108, Gen Ob L.  Revises procedures for settlement or release of less than all tortfeasors in personal injury or wrongful death cases; requires a non-settlor`s choice to be made before rather than after trial; codifies case law as to the occurrence of a settlement; exempts voluntary discontinuances; provides for calculation of a non-settlor`s liability by the "aggregate" method; delineates the operation of article 16 of the CPLR (limited liability law); applies to common law but not contractual indemnification; allows a settling tortfeasor to purchase a plaintiff`s claims against other tortfeasors; values structured settlements at cost; requires settlement credit to be apportioned pro rata between past and future damages. A1760 - 05/15/00 PASSED ASSEMBLY.

S03496 GOODMAN - Amd SS105, 1411, 1601 & 1602, add Art 14-B S1414 & Art 17 SS1700 - 1701, CPLR; add S71-c, Gen Muni L; amd S474-a, Judy L.  Reduces the cost of tort liability of public entities; enumerates situations where recovery against a public entity is reduced or prohibited.

A03875 ROBACK, MORELLE -  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.

S02828  VOLKER - Rpld S241-a, amd SS240 & 241, Lab L; rpld S1602 sub 8, CPLR. Requires certain contractors, owners and their agents to provide construction workers with devices and equipment of the type necessary to give reasonable protection to workers employed in construction; states that if a contractor or owner complies with applicable state and federal health and safety regulations, their compliance shall be prima facie proof of compliance with this subsection.

S03522 VOLKER/A08534 RULES COMM. - Amd SS1603 & 3018, CPLR.  Requires a defendant relying on provisions limiting the liability of persons jointly liable to raise such issue as an affirmative defense.

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

Article 21 - Papers

S04135 VOLKER/A07166 WEINSTEIN - Amd S304, RR 2101 & 2103, add S8023, CPLR; amd S212, Judy L.   Authorizes pilot programs for the use of facsimile transmission or electronic means to commence an action or special proceeding; provides for a report thereon; authorizes payment of court fees by credit card.  06/16/1999PASSED SENATE; 06/23/1999 PASSED ASSEMBLY. We filed Report No. 63 (Aloe) on June 18, 1999, approving the bill.  Signed July 27, 1999, Chapter 367 of the Laws of 1999.

S02393 VOLKER - Amd R2106, CPLR; add S210.46, Pen L.  Replaces the use of affidavits by the use of affirmations for all purposes in civil actions; creates the class E felony of making a punishable false written statement in a civil statement. [See  Report No. 72 on A2212 of 1997.] 03/23/1999 -  RECOMMIT, ENACTING CLAUSE STRICKE.N

S03435 VOLKER/A08535 - Amd R2106, CPLR; add S210.46, Pen L.  Provides that any person may subscribe and affirm a statement made by such person and that such affirmation may be used in an action as an affidavit; further provides the form of such affirmation; further amends the penal code to make perjury on such an affirmation a class E felony. We filed Report No. 117 (Ferstendig) on May 25, 2000, approving the bill.  See also 28 U.S.C. 1746 and NJ Court Rule 1:4-4]. (Similar to S02393 introduced by Sen. Volker earlier in this session.)  S3435 05/10/00 PASSED SENATE.

A05283 STANIERE - Amd R2106, CPLR.  Grants the statement of a chiropractor, affirmed to be true, the same status as an affidavit.We filed Report No. 120 (Ferstendig) on June 2, 2000, approving the bill, but recommending adoption of the omnibus bills A. 08535/S. 03435 in lieu thereof. (See A 6137 of  1998).

A06945 GOTTFRIED -  Amd R2106, CPLR Provides for changing the references from physician, osteopath or dentist to health care practitioner in provision of law on affirmation of truth of statement. We filed Report No. 121 (Ferstendig) on June 2, 2000, approving the bill, but recommending adoption of the omnibus bills A. 08535/S. 03435 in lieu thereof.

Article 22 - Stay, Motions, Orders and Mandates

A3319   WEPRIN -  Amd RR2214, 2215 & S2103, CPLR.  Increases the amount of time for the filing of motions, affidavits, exhibit 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. See Sponsor's memorandum. Original legislation drafted by the CPLR Committee.

A05291 KLEIN/S03408 VOLKER   - 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;  provides that such party seeking such order shall state in the application why such expedited relief is necessary. (See Report No. 141 to S.7171/A. 11017 of 1998).  OCA Advisory Committee bill.

S03521 VOLKER/A08558 RULES COMM. - Amd R2221 & S5701, CPLR.  Provides for a statutory framework to govern motions for leave to reargue and motions for leave to renew relating to prior orders; sets forth the nature and purpose of such motions, when they are appropriate and when appeals can be taken; provisions set forth will clarify court decisions on the subject. We filed Report No. 72 (Frazee) on July 6, 1999, approving the bill. S03521: 06/17/99 PASSED SENATE; 06/21/99 PASSED ASSEMBLY.  Signed July 20, 1999, Chapter 281 of the Laws of 1999.

Article 23 - Subpoenas, Oaths and Affirmations

S05540 SALLAND - Amd SS2302, 2304 & 2307, CPLR; amd SS153 & 439, Fam Ct Act; amd SS111-b & 111-p, Soc Serv L Provides for expanding the powers of Family Court hearing examiners; permits the hearing examiner to quash subpoenas, review administrative hearings regarding driver`s license suspensions, issue subpoenas and warrants, arraign persons in connection with child support or paternity proceedings, adjudicate paternity proceedings.

A03288 CLARK - Amd S2303, 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 day`s notice to the respondent. 

S05076 HANNON - Amd SS17 & 18, Pub Health L; amd S33.16, Ment Hyg L; amd SS2306, 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; increases from seventy five cents to one dollar the per-page reproduction fee a health care provider can charge on insurer HMO or attorney, for reproducing medical records; does not change charge to all others, including patients and their guardians.   We filed Report No. 64 (Nagy) on June 18, 1999, disapproving the bill.

S07096 VOLKER/A09796 KAUFMAN - Amd S2306, CPLR. Authorizes the use of a transcript or reproduction of a record certified as correct by a person authorized to receive service under article three of the civil practice law and rules where a subpoena duces tecum is served upon a physician practice. We filed Report No. 134 (Greenspan) on June 8, 2000, approving the bill with suggested modifications.   See also S07513 below. S7096 - 05/08/00 PASSED SENATE.

S07513 BALBONI - Amd S2306 CPLR. Permits treating physicians` office records and bills to be admissible in evidence upon proper certification without the necessity of the physician appearing at trial. We filed Report No. 133 (Chayt) on June 8, 2000, disapproving the bill.

A03518 SANDERS - Amd S2307, add S4509-a, CPLR.  Imposes the same standards with respect to issuance of a subpoena upon a retail establishment or retailer which sells written material as currently applicable to libraries.  We filed Report No. 39 (Nagy) on May 20, 1999, disapproving the bill.

Article 30 - Remedies and Pleading

S05289 HANNON/A08481 RULES COMM. - Amd S3012-a, CPLR.  Relates to the filing of certificates of merit in medical, dental and podiatric malpractice actions; mandates that the failure to timely file such certificate shall require that such action be dismissed with prejudice. We filed Report No. 54 (Chayt) on June 8, 1999, disapproving the bill.

S03522 VOLKER - Amd SS1603 & 3018, CPLR.  Requires a defendant relying on provisions limiting the liability of persons jointly liable to raise such issue as an affirmative defense.

S0330 KRUGER- Amd S3017, CPLR.  Provides that the amount of damages sought in a negligence cause of action shall not be stated in the complaint, cross claim, interpleader complaint and third-party complaint; provides that the party against whom such action is brought may, at any time, request a supplemental demand which states the total damages sought by the pleader. ).   We filed Report No. 47 (Knapp) on May 26, 1999, disapproving the bill. See Report* on similar bills in 1995/96 Legislative Session (S3864/S944/A7540/A4947).  See also S3864Memo/S944Memo/4540Memo.

Article 30-A - Procedures for Simplified Case Resolution [Proposed]

S06870 VOLEKER/ A09897 SCHIMMINGER - Add Art 30-A SS3050 - 3056, CPLR Allows for simplified case resolution, where authorized; available in an action for money damages only; amount sought to be recovered cannot exceed $75,000, exclusive of interest and costs.

Article 31 - Disclosure

A01941 WINNER.  Amd S3101, 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; requires prosecution to provide notice of expert witness testimony at least 60 days prior to the starting date of the trial and requires defense to provide 30 days notice.  See Report No. 37 on A1010 of 1997.  The CPLR Committee is presently considering affirmative legislation on expert witness disclosure. Similar to S07144 below.

S07144 DEFRANCISCO - Amd S3101, CPLR.  Provides for a minimal deadline for disclosure of expert testimony; the time frame established may be expanded in certain cases or as the court may deem fit.

S05905 DEFRANCISCO - Amd SS3101, 3406, 4107 & 4110-b, add S4104-a, CPLR. Relates to the scope of disclosure in certain instances; and provides that if no application is made by a party for a judge or judicial hearing officer to be present at the examination of jurors no judge or judicial hearing officer shall be present thereat. 06/13/00 PASSED SENATE.

S07638 SALLAND  - Amd S3101, CPLR. Statutorily establishes the time periods for responses to an expert witness disclosure request, subject to the penalty of preclusion if not complied with; excludes treating physician or other treating health care provider whose records and reports have been timely provided from the definition of "expert witness".

S6822 SKELOS/A9735 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. Original legislation proposed by the CPLR Committee.

S05905 DEFRANCISCO/A08872 RULES COM. - Amd SS3101, 3406, 4107 & 4110-b, add S4104-a, CPLR. Relates to the scope of disclosure in certain instances; and provides that if no application is made by a party for a judge or judicial hearing officer to be present at the examination of jurors no judge or judicial hearing officer shall be present thereat.

A03283 CALHOUN, WIRTH - Amd S3102, CPLR.  Prohibits the discovery, by a subpoena duces tecum, of an adversary witness` identity or address prior to trial; prevents the early disclosure of names and addresses of adversary witnesses. 

S03524-A VOLKER/A08208-A RULES COM. - Amd R3113, 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. 04/07/1999 - AMEND AND RECOMMIT TO CODES  (Revised bill embodies revisions recommended by the Committee at its 3/19/99 Meeting.) 06/09/99 PASSED SENATE. We filed Report No. 62 (Blair) on June 18, 1999, approving the bill. 05/24/00 PASSED SENATE.

A05292 KLEIN/S03411 VOLKER   - Amd RR3113 & 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. OCA Advisory Committee Proposal.  See Report No. 134  to S6813/ A 111019 of 1998. ADVANCED TO THIRD READING IN ASSEMBLY 4/17/00 AND SENATE 5/4/00.

S03412-A VOLKER/A08544-C RULES COM. - Amd SS2305, 3120 & R3122, add R3122-a, CPLR.  Simplifies methods for obtaining discovery of business records from non-party witnesses and procurring their admission into evidence including eliminating requirement for a court order.  OCA Advisory Committee Proposal.  05/10/99 ADVANCED TO THIRD READING.  See Report No. 142 to S.6803/A.11022 of 1998 . ADVANCED TO THIRD READING IN SENATE. 5/4/00; A8544-C   06/15/00 PASSED ASSEMBLY.

A01812 COLMAN, GROMACK - Amd S3121, CPLR.  Directs office of court administration to prescribe rules and regulations governing fees physicians may charge for furnishing medical reports concerning the physical or mental condition of a patient for purposes of litigation; provides for establishment of reasonable fees for time spent preparing reports, reproduction, mailing and other related expenses.  In 1997, we issued Report No. 33 (Cristo) on April 25, 1997 disapproving a similar bill (A.795). 

Article 32 - Accelerated Judgment

S01022 SKELOS/A1536 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. S1022 03/22/00 - PASSED SENATE.

A05275 KLEIN/S03410 VOLKER - 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; in a proper case, the court on motion, in its discretion may stay disclosure until the summary judgment motion is determined. See prior bill S.3603/A.7851 in 1998. (See Report No. 100 to S3602 of 1998).  OCA Advisory Committee bill.

S03405 VOLKER -  Rpld & add RR3216 & 3404, CPLR.  Provides that if a party unreasonably neglects to proceed in a civil cause of action in which no note of issue has been filed, the court may make 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. See Report No. 89 to S. 5326 of 1997.

S02865 VOLKER/A05356 LENTOL - Amd R3217, CPLR. Changes incorrect reference to provide for voluntary discontinuance 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 is to be excluded pursuant to title 3 of article 11 of the real property tax law. Codes Comm. (See S07054 of 1998). S2865 04/13/1999 - PASSED SENATE; 06/08/00 - PASSED ASSEMBLY.   Signed July 20, 1999, Chapter 278 of the Laws of 1999.

A0566 KAUFMAN/S03413 VOLKER - Amd R3221, S5001. CPLR.  Permits pre-judgment interest in personal injury actions including product liability, contract actions, actions regarding possession or enjoyment of property and equitable actions; stops running of interest at an offer of compromise without more favorable judgment; specifies times from which such interest is to be computed in various actions; provides incentives for either settlement or expeditious trial in civil actions; provides for a claimant to forfeit interest from the time of offer to verdict if claimant rejects a settlement offer and fails to obtain a more favorable judgment. 

A1191 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

A01707 CONNELLY/S03930 MARCHI - Amd S3403, CPLR.  Provides that an action or proceeding, including a special proceeding under section 2992 of the public health law, in which a judgment to withhold or withdraw life-sustaining treatment is sought shall be given a statutory trial preference. 

A01710 ALFANO - Amd R3403, CPLR.  Grants a trial preference to any action brought by a political subdivision of the state to recover money owed. 

S03991 VOLKER - Amd R3403, rpld sub (a) 5, CPLR. Repeals provision for trial preference for medical, dental and podiatric malpractice cases.

S4353 LEIBELL/A07522 TOCCI - Amd R3403, CPLR.  Grants a trial preference to civil causes of actions against the state or a political subdivision thereof involving affordable housing.

S03405 VOLKER -  Rpld & add RR3216 & 3404, CPLR.  See above Article 32.

S07046 VOLKER - Amd R3405, CPLR; add S39-c, Judy L; amd S17, Pub Off L.  Expands mandatory alternative dispute resolution programs to include actions for money judgments up to $50,000 or cases in which the court concludes damages are likely not to exceed such amount.

Article 40 - Trial Generally 

Article 41 - Trial by Jury

S04924 VOLKER/A08545 RULES COMM. Amd SS4105 & 4109, rpld S4106, CPLR; rpld S270.05, amd SS270.10, 270.15, 270.25, 270.30, 360.10, 360.20, 360.30 & 360.35, add S360.37, CP L Revises the current procedure for selecting trial jurors in civil and criminal cases by eliminating the selection of alternate and trial jurors ensuring that those jurors who ultimately decide a case are fully prepared to do so.

S04365 VOLKER - Amd R4107, CPLR.  Authorizes the chief administrator of the courts to deploy judicial hearing officers to preside over the voir dire phase of a civil trial. We filed Report No. 41 (Blair) on May 20, 1999, approving the bill.

S05905 DEFRANCISCO/ A08872 RULES COM - Amd SS3101, 3406, 4107 & 4110-b, add S4104-a, CPLR. Relates to the scope of disclosure in certain instances; and provides that if no application is made by a party for a judge or judicial hearing officer to be present at the examination of jurors no judge or judicial hearing officer shall be present thereat. S5905 - 06/13/00 PASSED SENATE.

S04366 VOLKER - Amd S4110-b, add S4110-d, CPLR Provides that a court, at the outset of a civil jury trial, must provide preliminary instructions to the jury concerning its duties, its conduct, the order of proceedings and the elementary legal principles that will govern procedures at trial; also authorizes a trial court to direct counsel, during the jury trail of a civil case, but before the close of evidence, to provide summations on one or more issues that have been raised.

A02740 DIAZ - Add S4110-d, CPLR.  Provides a procedure by which jurors in civil trials could pose questions to a witness; requires a juror to submit his or her question in writing to the judge during the course of the trial and the judge shall hear from counsel for all parties whether the question should be posed; requires chief administrative judge to promulgate uniform rules of procedure to govern such methods by which jurors would submit questions to the court.  OCA Proposal.  We filed Report No. 38 (Blair) on May 20, 1999, approving the bill.

Article 45 - Evidence

S0156 SKELOS/A3604 WEINSTEIN, LOPEZ, COLMAN, JOHN - Add S4502-a, CPLR; amd S1046, Fam Ct Act.  Deems communications between a parent and child to be privileged. S0156: 05/10/99 ADVANCED TO THIRD READING.

S05504 SKELOS - Add S4502-a, CPLR; amd S1046, Fam Ct Act.  Provides for a statutory parent-child evidentiary privilege in civil cases; does not permit one party to prevent disclosure by the other, but merely restricts compelled disclosure for qualified communications; applies to persons legally responsible for care of children, in addition to parents; does not apply to child protective proceedings in family court. Judiciary Bill.

A06704 LENTOL/S02936 VOLKER - Amd S4503, CPLR. Provides that for purposes of attorney-client privilege, if the client is a personal representative as defined in the bill and the attorney represents the personal representative in that capacity in the absence of an agreement no beneficiary of the estate shall be treated as a client of the attorney soley by reason of status as beneficiary; defines term personal representative and makes related provisions. S02936: 05/03/00 PASSED SENATE.

A04785 CONNELLY/S03230 DEFRANCISCO - Amd SS4504 & 3101, CPLR.  Allows a supreme court justice in a civil proceeding to order a medical professional to provide information on the treatment of a person believed to have been under the influence of alcohol or drugs at the time of the act which led to the commencement of the proceeding. (See S. 484 of 1998.)  Bill attempts to correct the Court of Appeals' decision in Dillenbeck v. Hess. We filed Report No. 40 (Kaye) on May 20, 1999, disapproving the bill.

A09876 SWEENEY - Add Art 37-A SS3705 - 3707, 230-d, amd SS230 & 238, Pub Health L amd SS6500, 6523, 6530 & 6531, add Art 132-A SS6575 - 6578, Ed L; amd S4504, CPLR. Mandates the licensure of persons engaged in the profession of genetic counseling, and creates a genetics advisory council.

S02059 VOLKER - Add S4505-a, CPLR.  Provides that communications between police union officials and police union members shall be privileged and confidential.  03/25/1999 - ORDERED TO THIRD READING CAL.413. We filed Report No. 46 (Kelly) on May 26, 1999, disapproving the bill. 05/03/00 - PASSED SENATE.

A03518 SANDERS - Amd S2307, add S4509-a, CPLR.  Imposes the same standards with respect to issuance of a subpoena upon a retail establishment or retailer which sells written material as currently applicable to libraries. 

A03870 O'CONNELL - Amd R4517, CPLR.  Provides for the use of prior testimony (that was subject to cross examination) 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; permits certain other testimonial evidence to be admitted in such proceedings. See Report No. 122 on A9700 of 1998. ADVANCED TO THIRD READING IN SENATE 5/4/00 and REPORT TO RULES COMM IN ASSEMBLY 5/16/00.

S03453 VOLKER/A08561 RULES COMM. - Rpld & add R4517, CPLR.  Permits use at trial of the prior trial testimony of a party 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; provides that this testimony could be used for any purpose by any party who is adversely interested when the prior testimony is offered in evidence. See Report No. 128 to S.6804 of 1998. Signed August 16, 2000, Chapter 268 of the Laws of 2000.

S07513 BALBONI - Amd S2306, 4518 CPLR.  Permits treating physicians` office records and bills to be admissible in evidence upon proper certification without the necessity of the physician appearing at trial. We filed Report No. 133 (Chayt) on June 8, 2000, disapproving the bill.

S03436 VOLKER/A08536 RULES COMM. - Amd R4518, CPLR.  Relates to information electronically used or stored as a business record; makes such business record admissible in any tangible form that accurately represents the information. We filed Report No. 132 (Critelli) on June 8, 2000, approving the bill

S05144 LACK - Amd R4518, CPLR.  Provides for admissibility of all entries in an authenticated medical record including statements made by a plaintiff in a personal injury action as to the cause of such injury.

S01645 MONTGOMERY - Add S4519-a, CPLR; add S60.47, CP L.  Provides that possession of a condom may not be received in evidence in any trial, hearing or proceeding as evidence of prostitution, patronizing a prostitute, promoting prostitution, permitting prostitution, maintaining a premises for prostitution, lewdness or assignation, or maintaining a bawdy house. 

S05145 LACK - Amd R4532-a, CPLR.  Provides that testimony concerning the results of an x-ray or other test shall not be admissible unless the x-ray or other image resulting from such test is available and admissible into evidence.  We filed Report No. 100 (Hamm) on May 3, 2000, disapproving the bill.

S00127 RATH, MAZIARZ/A03817 NESBIT - Amd S1195, V & T L; add S4535, 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 ntoxication in civil proceedings.  We filed Report No. 40 (Kaye) on May 20, 1999, disapproving the bill.

S02546/A04575 SKELOS - Ren S4547 to be S4548, CPLR.  Renumbers section 4547 of the civil practice law and rules, relating to the electronic communication of privileged communications, to be section 4548. 04/26/99 PASSED ASSEMBLY; 05/10/99 PASSED SENATE.  Signed May 25, 1999, Chapter 56 of the Laws of 1999.

S04364 VOLKER - Add S4548, CPLR.  Creates a procedure, in civil jury trials, for the determination of a variety of evidentiary issues; provides for a conference at the request of a party or the judge; limits subsequent modification.

S02178 MALTESE/A04841 O`CONNELL, ALFANO - Add S60.41, CP L; add S4548, CPLR.  Provides that in a criminal proceeding in which the defendant is accused of a sex offense, evidence of the defendant`s commission of another sex offense or offenses is admissible, and may be considered for its bearing on any matter to which it is relevant; provides that in a case in which the prosecution intends to offer such evidence, the prosecutor shall disclose the evidence to the defendant, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, at least fifteen days before the scheduled date of trial or at such later time as the court may allow for good cause. 

Article 50 - Judgments Generally

A0566 KAUFMAN/S03413 VOLKER - See proposed amendment to CPLR 3221, 5001, supra, regarding prejudgment interest after offers of compromise.

S02276 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. 

A03588 CALHOUN - Amd S5004, CPLR; amd S3-a, Gen Muni L; amd S157, Pub Hous L; amd S16, St Fin L; amd S1, Chap 585 of 1939.  Establishes a "floating" rate of interest to be paid by individual as well as public and private corporations upon judgments or accrued claims; provides that such rate shall be published by the commissioner of taxation and finance. 

A03605 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. 

S04724 VOLKER/A08342 RULES COMM. - Amd SS5031 & 5041, CPLR.  Relates to the calculation of annuity payments on judgments; provides that such annual payment shall be calculated by dividing the remaining amount of future damages by the number of years over which such payments shall be made; removes the four percent annual adjustment added to the calculation of annuity payments or judgments. Bill proposed by the Attorney General.  Same as S02275.

S03520 VOLKER/A07158 SEDDIO - Amd SS5034 & 5044, CPLR.  Makes technical correction to provisions regarding failure to make a periodic payment in a structured settlement. We filed Report No. 27 (Ferstendig) on May 12, 1999, approving the bill. A7158 - 04/12/1999- PASSED ASSEMBLY, 05/05/99 SUBSTITUTED FOR S03520, and 06/14/99 PASSED SENATE. Signed August 31, 1999, Chapter 446 of the Laws of 1999.

Article 52 - Enforcement of Money Judgments

A03602 WEINSTEIN - Amd SS5205 & 5206, CPLR; amd S282, D & C L.  Raises amounts of various asset exemptions from application to the satisfaction of money judgments; raises the amount for exemption purposes from $2,400 to $5,000 for automobiles and from $10,000 to $50,000 for the homestead.  03/18/1999 - ADVANCED TO THIRD READING CAL. 151.

S03009 LEIBELL/A05493 - Amd SS105 & 5205, CPLR.  Defines and exempts an "engagement ring" as personal property from application to the satisfaction of money judgments. S3009   06/01/00 PASSED SENATE.

S04789 LACK/A07970 SEDDIO - Amd SS5222 & 5224, CPLR Permits service of restraining notices by electronic means; also permits such electronic service of information subpoenas where the person to be served, or an agent, officer or director of a corporation, partnership or sole proprietorship, consents. We filed Report No. 37 (Bragar) on May 20, 1999, approving the bill.  5/15/00 PASSED ASSEMBLY; 06/13/00 PASSED SENATE.  Signed August 30, 2000, Chapter 409 of the Laws of 2000.

S04498 VOLKER - Amd SS5231, 5241 & 5242, CPLR.  Increases fee to 29 dollars for levy upon money payable by municipal corporation or state; makes certain other provisions regarding fee for levies upon money payable by the state, political subdivisions, public benefit corporations and board of education.

S05506 SALAND/A07915 RULES COMM. - Amd SS5241 & 5252, CPLR L; amd S240-c, Dom Rel L; amd SS413-a, 454, 516-a & 565, Fam Ct Act; amd SS111-h, 111-k & 111-n, Soc Serv L; amd S4135-b, Pub Health L.   Provides for more efficient and rigorous enforcement of payment obligations under requirements of the personal responsibility & work reconciliation act of 1996; amends the CPLR to provide employers and income payees with notice and anopportunity to be heard prior to imposition of sanctions for non-compliance with income deduction orders; clarifies challenges to cost of living adjustments; addresses issues of paternity acknowledgment by persons under 18; clarifies the procedure for challenging an administrative directive to submit to a genetic test in cases where paternity petition has not yet been filed.

A03598 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.  04/17/00 - PASSED ASSEMBLY.

A03601 WEINSTEN -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.

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

Article 55 - Appeals Generally

S6821 SKELOS/A9734 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. Original legislation proposed by the CPLR Committee. We filed Report No. 131 (Critelli) on June 6, 2000, approving the bill. S6821- 06/07/00 PASSED SENATE.

S03070 SKELOSR/A05936   WEPRIN- Amd S5513, CPLR.  Adds 5 days to the period in which a civil appeal must be filed when the judgment or order appealed from and written notice of its entry is served by mail, and adds one business day when such service is by overnight delivery service. (Original legislation of the CPLR Committee).  04/21/1999 - PASSED SENATE. SUBSTITUTED FOR A5936. 05/26/99 - PASSED ASSEMBLY. Signed June 22, 1999, Chapter 94 of the Laws of 1999.

S07555 VOLKER - Amd SS5519 & 5404, CPLR.  Limits the amount of undertaking that must be given to stay enforcement of a judgment pending an appeal in certain cases (other than in appeals in an action for medical, dental or podiatric malpractice) where judgment includes punitive damages, i.e., the undertaking for the punitive damages portion of the judgement shall not exceed $25,000,000.00; provides that if the appellee proves by a preponderance of evidence that the appellant is purposefully dissipating or diverting assets outside the ordinary course of its business for the purpose of avoiding ultimate payment of the punitive damages judgment, the limitation shall be rescinded and an undertaking in the full amount of the judgment shall be required.

A01364 VOLKER - Amd S5519, CPLR.  Clarifies that a notice of appeal from a denial of a motion to dismiss or from a denial from a motion for summary judgment stays all proceedings; provides for consistency among the state`s four judicial departments. See Report No. 91 on S4304 and A8560 in 1997.

S03407 VOLKER - Amd S5519, CPLR.  Excludes matrimonial cases awarding maintenance and/or child support from existing provisions allowing statutory stays on appeal.  We filed Report No. 12 (Burke) on March 31, 1999, approving the bill.

S04860 VOLKER/A08562 RULES COMM.   Amd S5519, CPLR Provides that the automatic stay granted municipal corporations or municipalities when appealing judgement or order be limited to stay only enforcement of the order that was the subject of appeal.

Article 56 - Appeals to the Court of Appeals

Article 57 - Appeals to the Appellate Division

S02060 VOLKER, LACK/A05964 GUNTHER - Amd S5704, CPLR.  Provides for a stay of enforcement pending the determination of a motion, when a political subdivision or the state seeks appellate review of an order granted without notice, however, the appellate court in which the motion is made may vacate, limit or modify such stay. See Report No. 83 on S5142/A8559 of 1998.

Article 63 - Injunction

S04136 VOLKER/A07682 WEINSTEIN - Amd S6313, CPLR; amd S211, Civ Serv L.  Relates to notification of application for a temporary restraining order; permits telephonic, facsimile or verbal communication with or to the defendant to constitute notification, or a good faith attempt to notify the defendant.

Article 64 - Receivership

Article 65 - Notice of Pendencey

Article 71 - Recovery of Chattel

Article 75 - Arbitration

S06672 SKELOS/A09631 WEPRIN - Rpld & add S7502 sub a, CPLR Establishes a proceeding for determining the proper venue for an arbitrable controversy and to repeal a provision of the CPLR.  (Original legislation of the CPLR Committee)  We filed Report No. 135-A (Aloe) on June 8, 2000, approving the bill.  PASSED SENATE 06/14/00; PASSED ASSEMBLY 06/15/00.  Signed August 18, 2000, Chapter 226 of the Laws of 2000.

S03071 SKELOS/A05937 WEPRIN - Amd S7502, CPLR.  Requires all applications relating to an arbitration to be made by motion in the same special proceeding or action. (Original legislation of the CPLR Committee)  S3071 - 04/26/1999 - PASSED SENATE; 06/14/99 SENATE BILL AMENDED AFTER RECALLING BILL FROM ASSEMBLY; 06/15/99 - PASSED ASSEMBLY; 06/15/99 - SENATE BILL SUBSTITUTED BY A05937A. Vetoed by Governor on July 27, 1999.

Article 78 - Proceeding Against Body or Officer

S05529 VOLKER - Amd SS402, 405 & 7804, CPLR.  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.  We filed Report No. 65 (Critelli) on June 18, 1999, disapproving the bill.

S06578 LACK - Rpld SS750 - 757 & 760 - 777, add SS750 - 754, Judy L; amd S7801, CPLR Revises provisions relating to contempt; clarifies that criminal contempt is designed to punish disruptive, disrespectful or willfully disobedient conduct while civil contempt is designed to remedy the effects of a person`s willful disobedience of a lawful order; includes eliminating restrictions on the amount of a monetary fine for contempt.

Article 80 - Fees

S05076 HANNON - Amd SS17 & 18, Pub Health L; amd S33.16, Ment Hyg L; amd SS2306, 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; increases from seventy five cents to one dollar the per-page reproduction fee a health care provider can charge on insurer HMO or attorney, for reproducing medical records; does not change charge to all others, including patients and their guardians. See Report No. 118 (Nagy) on March 11, 1998 disapproving similar legislation. 

S07885 LEIBELL/A10432 WEINSTEIN - Amd S8002, CPLR.  Implements a certain collective bargaining agreement vis a vis stenographers and the unified court system for Nassau and Suffolk county, certain NYC units and the ninth judicial district.  Signed August 16, 2000, Chapter 279 of the Laws of 2000.

S05728 VOLKER - Amd S8007, CPLR; amd S70-a, Pub Off L; amd S60, 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; permits publications that are distributed primarily for advertising purposes to be deemed a "newspaper" in certain instances.   

S8002 VELELLA/A11248 COMM. ON RULES - Amd S8011, CPLR.  Increases fixed fees for sheriffs set by section 8011 of the Civil Practice Law and Rules.

S07864 VELELLA/A11064 WEINSTEIN.  Amends S8012, CPLR. Increases mileage fees in the city of New York for the sheriff of the city of New York from fifteen dollars to twenty-five dollars.  Signed August 23, 2000, Chapter 337 of the Laws of 2000.

S06677 MCGEE/A09630 GUNTHER - Amd S8018, CPLR. Exempts a city, town, village fire district, district corporation, school district or board of cooperative educational services, when acting as plaintiff in a civil cause of action, from the index number fee collected by the county clerk for the filing of such action in county or supreme court. Signed August 23, 2000, Chapter 314 of the Laws of 2000.

A02170 RAMIREZ - Amd S230, Pub Health L; add S535, County L; amd SS304 & 8018, CPLR.   Requires the county clerk to forward a copy of the summons and complaint alleging professional medical misconduct or medical malpractice to the commissioner of health; commissioner shall then refer it to the director of the office of professional medical conduct for review as to professional misconduct; requires an extra copy to be filed with the county clerk and increases the fee therefor. 

A05561-A ABBATE - Amd S918, County L; amd S8019, CPLR.  Authorizes and empowers county clerks of Nassau, Suffolk, Westchester and Rockland counties to maintain separate judgment dockets containing the printedtranscripts of judgments entered and docketed in civil court of NYC and with the clerk of any county within NYC against individuals, corporations or other entities on behalf of the parking violations bureau of NYC.

A06684 SIDIKMAN, MAZZARELLI - Amd S8021, CPLR.  Provides for standardized fees charged by county clerks in connection with recording of deeds and mortgages; prohibits per page charges. Jud.Comm. (See A. 6792 of 1998).

S03526-A SPANO - Amd S8021, CPLR.  Authorizes the governing body of a county to impose a rejection fee of one hundred dollars for the filing of papers or instruments relating to real property when such papers are legally insufficient for the purpose for which they were filed upon submission to the county clerk.

Article 83 - Disbursements and Additional Allowances

A01959 STRINGER, MCLAUGHLIN/S2184 MALTESE et al.  - Add S8301-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; provides that the expense thereof shall be chargeable to the county, city of New York, or the state, as the case may be. 

S0498 KRUGER - Rpld & add S8303-a, CPLR.  Authorizes the imposition of monetary sanctions in any civil action or proceeding upon a written finding of the court that a party or attorney has brought a claim or employed procedures entirely without merit and in bad faith; authorizes an additional interest at 150% of the legal rate in cases where frivolous delaying tactics had been interposed to avoid entry of a money judgment; requires notice be given of the courts view that sanctions may be called for prior to imposition of sanctions; provides for appellate review of order granting sanctions; provides that an action shall not be deemed frivolous solely because a novel or unusual argument or principle of law was advanced. 

S0544 - DeFRANCISCO, MARCHI, PADAVAN, SEWARD, SKELOS, TRUN- ZO, VELELLA, VOLKER .   Rpld & add S8303-a, CPLR.  Expands the court`s authority to award costs and impose sanctions in order to discourage frivolous litigation; expands the court`s authority to award costs and impose financial sanctions for frivolous conduct to any civil action or proceeding; provides that such authority shall not apply to town or village courts; provides that conduct is deemed frivolous if it is completely without merit in law or fact and cannot be supported by a reasonable argument for a extension, modification or reversal of existing law or it is undertaken primarily to delay or prolong the resolution of litigation, or to harass or malicously injure another; removes the existing requirement that the court make a subjective finding of bad faith in order to deem an action frivolous.  We filed Report No. 28 (Gacioch) on May 12, 1999, approving the bill with proposed modifications.

A10117 SCHIMMINGER - Add 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; provide statutory rights and remedies to parties who have had trade secrets misappropriated.

A1356 THIELE - Add S8304, 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 upon a finding by a fair preponderance of the evidence that such action was false or groundless and that the plaintiff knew or should have known the case was without merit.

Article 97 - Records of Clerks of the Courts

S05598 VOLKER - Amd R9703, CPLR Confirms the authority of Supreme and County court clerks to keep civil case records in electronic form. PASSED SENATE 5/23/00.

Miscellaneous Measures

S06582 STAFFORD/A09565 TOCCI -  Amd S4, Chap 266 of 1981.  Extends the statute of limitation for phenoxy herbicide actions for armed forces personnel who served in Indo-China for two additional years until June 16, 2002. Signed April 18, 2000, Chapter 26 of the Laws of 2000.

S06885 LACK/A09003 WEINSTEIN - Amd SS103, 307, 308, 309 & 1120, SCPA. Specifies types of mail service upon non-domiciliaries and creditors which are permissible without a court order; includes express mail, registered mail, certified mail and designated private delivery services recognized by the federal Internal Revenue Code. Signed August 23, 2000, Chapter 355 of the Laws of 2000.

S07499 ALESI - Amd S517, Judy L.  Grants excusal from jury duty to persons 70 years of age or older who have documented disabilities or health problems.

S06113 HANNON/A09031 RULES COMM. -  Amd S206-a, Exec L; add Chap 57-A, Consol Laws Enacts Chapter 57-A of the consolidated laws entitled the "state technology law"; includes as Article I of such law the electronic signatures and records act. 08/04/99 - PASSED SENATE; 08/05/99 - PASSSED ASSEMBLY.  Signed September 28, 1999, Chapter 4 of the Laws of 2000.

S05552 LACK/A07713 WEINSTEIN - Amd S11, Ct Claims Act.  Requires service of process upon non-state defendants and the attorney general whenever such non-state entity is sued in the court of claims. We filed Report No. 73 (Aloe/Critelli) on July 6, 1999, approving the bill.   06/08/99 - PASSED SENATE; 06/15/99 - PASSSED ASSEMBLY. Signed August 31, 1999, Chapter 435 of the Laws of 1999.

S06057 LACK/A08980 WEINSTEIN - Amd S11, Ct Claims Act (as proposed in S.5552/A.7713).  Makes technical correction to a chapter of the laws of 1999 relating to service of process on certain public authorities; correction removes certain language deemed no longer necessary. 08/04/99 -PASSED SENATE; 08/05/99 - PASSED ASSEMBLY. Signed August 31, 1999, Chapter 439 of the Laws of 1999.

S0733 STAFFORD/A1290   BRAGMAN - Amd S3, Chap 466 of 1995 Clarifies the intent of chapter 466 of the laws of 1995 in relation to intentions to file a claim thereby reviving actions pending before the court of claims at the time of the effective date of such chapter and were dismissed because of a claimant`s failure to file a notice of intention. 06/14/99 -PASSED SENATE; 08/05/99 - PASSED ASSEMBLY.

S03808 MALTESE, VOLKER - Amd S16-116, Election L. Allows article 16 proceedings under the election law to be commenced by service of the initial papers upon the respondent. We filed Report No. 21 (Gerstman) on May 6, 1999, disapproving the bill.

A07160 WEINSTEIN/S03395 LACK - Rpld & add S15-108, Gen Oblig L.  Revises procedures for settlement or release of less than all tortfeasors in personal injury or wrongful death cases; requires a non-settlor`s choice to be made before rather than after trial; codifies case law as to the occurrence of a settlement; exempts voluntary discontinuances; provides for calculation of a non-settlor`s liability by the "aggregate" method; delineates the operation of article 16 of the CPLR (limited liability law); applies to common law but not contractual indemnification; allows a settling tortfeasor to purchase a plaintiff`s claims against other tortfeasors; values structured settlements at cost; requires settlement credit to be apprtioned pro rata between past and future damages. [Also listed above under Article 16.]  OCA Advisory Committee proposal. A7160 PASSED SENATE 05/15/00.

A07155 WEPRIN - Amd S3212, Ins L; add Art 5 Title 17 SS5-1701 - 5-1705, Gen Ob L.  Enacts the structured settlement protection act; requires that such act provides that benefits, rights, privileges or options accruing under an annuity contract funding a structured settlement may be transferred in accordance with the provisions of title 17 of the general obligations law (the structured settlement protection act); defines structured settlement as an arrangement for periodic payments of damages for personal injuries established by settlement or judgment in resolution of a tort or workers` compensation claim. PASSED ASSEMBLY 06/15/00.

S03539 STAFFORD, LACK - Amd S3-a, Gen Muni L; amd S157, Pub Hous L; amd S16, St Fin L; amd S1, Chap 585 of 1939; amd S2046-i, Pub Auth L.  Clarifies the method by which interest may be calculated on judgments against certain governmental entities for which a specific interest rate has not been fixed by statute. OCA Advisory Committee proposal.

S03402 LACK - Amd S236, Dom Rel L.  Provides that an agreement by the parties made before or during the marriage shall be valid and enforceable if such agreement was made orally in open court, transcribed by a stenographer and approved by the court shall be valid and enforceable.   03/23/1999 - ORDERED TO THIRD READING CAL.351. 

S03398 LACK/A07679 WEINSTEIN - Amd S2-b, Judy L.  Allows extra-state service of a subpeona in certain circumstances. We filed Report No. 130 (Aloe) on June 5, 2000, disapproving the bill.

A03942 Add S18-b, Pub Health L.  Prohibits the disclosure to an insurance company of certain communications made by a patient to his or her physician or certain other medical providers unless such patient consents thereto in writing and in advance; applies to communications subject to the evidentiary privilege; precludes insurance companies from requiring such disclosure as a condition of insurance.    

S0554 DEFRANCISCO - Rpld S474-a, Judy L.  Repeals that restriction in of the judiciary law prohibiting contingent fees and requiring a sliding scale fee for attorneys in claims or actions for medical, dental or podiatric malpractice. We filed Report No. 45 (Kreinces) on May 26, 1999, approving the bill.

A0555 GRIFFITH - Add S474-c, Judiciary L.  Requires attorneys to provide clients with written "retainer contracts" to inform clients of attorneys of the nature of the agreement and the services to be provided by the attorney including the anticipated expenses and charges, the method of billing, the legal steps to be taken and the client`s right to discharge the attorney at any time. 

A04157 GRIFFITH - Amd S53, Judy L.  Requires that candidates for admission to practice as attorneys and counsellors in this state be tested on the subject of an attorney`s fiduciary obligations to safeguard and account properly for clients' money and property; provides that knowledge of such subject shall be tested in essay form.

A04158 GRIFFITH - Add Art 15-A SS499-a - 499-k, Judy L.  Establishes a fee arbitration program to resolve fee disputes between attorneys and their clients; requires the administrative judge of each judicial district to organize and administer such a program; both attorneys and laypersons shall participate in the program; requires an attorney to notify a client of the program`s availability; all attorneys are subject to participation.

S01310 OPPENHEIMER - Amd S1801, UJCA; amd S1801, NYC Civ Ct Act; amd S1801, UCCA; amd S1801, UDCA.  Increases small claims jurisdictional amount under the NYC Civil Court Act, the Uniform District Court Act, the Uniform City Court Act and the Uniform Justice Court Act from $3,000 to $4,000. 

S01442 VOLKER - Amd SS201, 202, 208 & 211, UJCA. Increases the monetary civil jurisdiction of justice courts from $3000 to $6000. 

A00338 GRIFFITH - Amd S209, NYC Civ Ct Act. Confers jurisdiction on the New York city civil court to order a tenant or other person with possession or control of a premises to give his landlord access to such premises for purposes of assessing and repairing damage to ensure compliance with housing maintenance codes. 

A00570 KAUFMAN - Amd S110, NYC Civ Ct Act. Establishes a separate calendar part of the housing part of the New York city civil court to hear any action or proceeding otherwise within the jurisdiction of the housing part which is brought by or against residential cooperatives, condominium associations, proprietary leasees of residential cooperative apartments or residential condominium owners relating to: collecting maintenance fees, matters involving the tenancy by a person other than the owner or proprietory leasee, the governance of such corporations and associations and laws and regulations which specifically apply to such corporations and association which are not generally applicable. 

A01276 LENTOL/S0776 VOLKER  -  Amd S1113, Fam Ct Act.  Requires that appeals to the appellate division from a decision of a family court must be taken no later than 30 days after service by the court or prevailing party upon the appellant of any order from which the appeal is taken.  We filed Report No. 20 (Goldstein) on April 20, 1999, disapproving the bill.

A05763 VITALIANO/S06914 LACK - Amd SS1807 & 1811, NYC Civ Ct Act; amd SS1807 & 1811, UCCA; amd SS1807 & 1811, UJCA; amd SS1807 & 1811, UDCA.  Provides that an appellant shall have thirty days to appeal from the date of receipt of notice of judgment; court is required to send such notice within seven days of entry of judgment by first class mail to all parties. A5763 SUBSTITUTED FOR S6914: PASSED SENATE 06/13/00; PASSSED ASSEMBLY 06/14/00. Signed August 30, 2000, Chapter 397 of the Laws of 2000.

A10428 VITALIANO/ S06915 LACK Amd S1704, NYC Civ Ct Act; amd S1704, UDCA; amd S1704, UCCA; amd S1704, UJCA Proposes procedure for making amendments to transcripts when a local court case record is settled for the purpose of appeal. PASSED ASSEMBLY 5/15/00; SUBSTITUTED FOR S6915 5/16/00 AND ADVANCED TO THIRD READING 5/16/00.  Signed August 23, 2000, Chapter 361 of the Laws of 2000.

A0068 KAUFMAN - Amd SS519 & 750, Judy L; amd S215, Lab L.  Creates, in addition to the existing sanction of criminal contempt of court, the remedies of labor law civil penalties and employee right to bring civil action for unlawful discharge, penalty or discrimination on account of the exercise by an employee of a juror`s right to be absent from employment by reason of jury service.  03/22/1999 - PASSED ASSEMBLY.

A0051 GROMACK - Amd SS237 & 238, Dom Rel L; amd S438, Fam Ct Act.  Removes court discretion and requires the court to direct one of the parties to a matrimonial and enforcement actions and support proceedings to pay counsel fees in a timely manner to ensure equal representation from the commencement of the proceedings; establishes standards and procedures. 

A0056 GROMACK - Amd SS201, 202, 208 & 211, UJCA.  Increases the monetary jurisdiction of civil cases of justice courts from $3000 to $5000. 

A02538 DAVIS -  Amd S218, Judicary L.  Authorizes trial judges, in their discretion, to permit audio-visual coverage of civil and criminal proceedings and trials, except those in family court; requires consent of the people and the defendant in criminal cases; makes such provisions permanent. 

S01107 GOODMAN - Rpld & add Art 6 S4 sub a, SS9-a - 16-a, 21-a, 34, 35, 36, 36-a, 36-c & 37, amd Constn, generally. Proposes a constitutional amendment to merge the County Court, Surrogate`s Court, Family Court, Court of Claims, District Court and Criminal and Civil Courts of New York City into the Supreme Court, thereby creating a single, unified trial court of general jurisdiction and establishes a merit selection process to assure that justices of the Supreme Court are selected on the basis of merit criteria. 

A0057 GROMACK - Amd SS1805, 1812 & 1804, UJCA; amd SS1805, 1812 & 1804, UDCA; amd SS1805, 1812 & 1804, UCCA; amd SS1805, 1812 & 1804, NYC Civ Ct Act. Requires disclosure, prior to judgment, by the defendant of his or her assets and issuance of restraint on defendant upon directing judgment in a small claims action; provides for automatic issuance of information subpoenas, by the small claims clerk upon receiving notice from a judgment creditor that a judgment remains unsatisfied. 

A0563 KAUFMAN, SIDIKMAN - Amd S50-e, Gen Muni L.  Tolls for the period of infancy of a prospective claimant the requirement that a notice of claim against a public corporation be served within 90 days after a tort claim arises, as a condition precedent to commencement of an action or special proceeding by a prospective claimant who is an infant on the date the claim arises; if such infant prospective claimant dies prior to reaching the age of majority or within the period of 90 days from the date the prospective claimant reaches the age of majority, the notice of claim would have to be served within 90 days after the appointment of a representative of the decedent`s estate.  We filed Report No. 99 (Hamm) on May 3, 2000, disapproving the bill.

A0749 SANDERS - Add S50-f, Civ Rts L.  Prohibits disclosure of public records, in the interests of privacy, when they are sought for purposes not connected to the purpose for which they exist; provides explicit exceptions for various legitimate purposes; does not supersede the "Freedom of Information Law" (FOIL); provides for appeal of denials pursuant to article 78 of the CPLR; grants a private right of action to persons aggrieved by wrongful disclosures.

S03638 STAVISKY - Add S512, Judy L; amd S2590-h, Ed L.  Exempts designated employees in New York city school district from jury duty during the school year upon designation of certain classes of teachers and other employees of the board of education by the chancellor of the NY city school system; provides no mandates in this bill for the school system; it is purely an authorization left to the discretion of the Chancellor and Board of Education.

 

 

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