CPLR BILLS PASSED IN THE 1997-1998 LEGISLATIVE SESSION


1998 Bills Signed 

S06423 - Signed 6/2/98 - Chapter 80 of the Laws of 1998. 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.
S3504 - Signed 7/7/98 - Chapter 156 of the Laws of 1998. Protects privileged communications sent by e-mail.  Bill proposed by the CPLR Committee. See Memorandum.
S6182 - Signed 7/7/98 - Chapter 202 of the Laws of 1998. Technical amendent of CPLR §311 relating to service of process on corporations -- to conform to last year's amendment to CPLR 306-b. Volker/Klein. We filed Report 144 (Gerstmann) on June 11, 1998, approving the bill.
S07007 - Signed 7/7/98 - Chapter 206 of the Laws of 1998. Amends CPLR 5205(c) so as to exempt Roth IRA's from being subject to collection for a money judgment.  Memorandum.
S6415/A09885  - Signed 7/14/98 - Chapter 317 of the Laws of 1998. Adopts Fed. R. of Evid. 408 as new CPLR 4548 protecting statements made in the course of settlment discussions. Bill proposed by the CPLR Committee. Memorandum.
S4416/A6300 - Signed 7/14/98 - Chapter 295 of the Laws of 1998.  Amends CPLR 3122 to require documents to be produced as they are kept in the regular course of business or labeled in accordance with the request to product. Bill proposed by the CPLR Committee.
S6665    signed 7/22/98  -  Chapter 448 of the Laws of 1998. Allows an agent for the service of process to resign .
A9759  signed 6/9/98  Chapter 98 of the Laws of 1998.  Amends chapter 266 of the Laws of 1981 to extend until June 16, 2000 the statute of limitations as to actions for injury or death caused by exposure to Agent Orange during the Vietnam Conflict.  See Memorandum.

1997 Bills Signed

S04531 - Signed 8/5/97 - Chapter 365 of the Laws of 1997.  Amends Sec.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.
S05771 - Signed 8/13/97 - Chapter 398 of the Laws of 1997. 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 Secs. 2301, 2302(a), 2304, 2308(b), 5205(c), 5241(a)-(c), (g) and (h), 5252(1), R4518(d), (e) and (g).
S01972-A - Signed 8/26/97 - Chapter 455 of the Laws of 1997.  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.
S04118-A - Signed 8/26/97 - Chapter 474 of the Laws of 1997.  Amends Sec.5501, CPLR. Provides that the notice on appeal from a summary judgment or directed judgment shall be deemed to specify a judgment upon said order entered after service of the notice of appeal and before the order of the appellate court without affecting taxation of costs.
S04553 -A - Signed 8/26/97 - Chapter 476 of the Laws of 1997.  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.
S03743 - Signed 9/3/97 - Chapter 518 of the Laws of 1997. Amends Sec.214-d, amd Rules 3211 & 3212, CPLR. Provides certain limitations against actions against land surveyors.
A05193 - Signed 9/1/97 - Chapter 620 of the Laws of 1997. Amends Secs.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.
S03512-A - Signed 12/1/97 - Chapter 682 of the Laws of 1997.  Adds Sec.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.

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