Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to codes |
Apr 06, 2009 |
referred to codes |
Assembly Bill A7415
2009-2010 Legislative Session
Sponsored By
HOYT
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-A7415 (ACTIVE) - Details
- See Senate Version of this Bill:
- S2840
- Current Committee:
- Assembly Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §308, add §§308-a & 311-b, CPLR
2009-A7415 (ACTIVE) - Summary
Requires property owners who are natural persons, own more than one residential property within certain cities and reside outside of the state to designate the secretary of state to be the agent upon whom summons may be served; and requires property owners who are non-domiciliaries or unauthorized foreign corporations which own more than one residential property within certain cities to designate the secretary of state to be the agent upon whom summons may be served.
2009-A7415 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7415 2009-2010 Regular Sessions I N A S S E M B L Y April 6, 2009 ___________ Introduced by M. of A. HOYT -- read once and referred to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to service of process on certain property owners who reside outside of the state THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 308 of the civil practice law and rules, as amended by chapter 765 of the laws of 1974, is amended to read as follows: 3. by delivering the summons within the state to the agent for service of the person to be served as designated under rule 318, except in: A. matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law; OR B. BUSINESS ACTIONS, COMMENCED WITHIN ANY CITY WITH A POPULATION OF MORE THAN TWO HUNDRED NINETY THOUSAND BUT LESS THAN THREE HUNDRED THOU- SAND ACCORDING TO THE TWO THOUSAND FEDERAL CENSUS, WHERE A NATURAL PERSON WHO IS A REAL PROPERTY OWNER, RESIDES OUTSIDE OF THE STATE AND WHO OWNS MORE THAN ONE RESIDENTIAL PROPERTY WITHIN SUCH CITY, HAS DESIG- NATED THE SECRETARY OF STATE TO RECEIVE SUCH PROCESS PURSUANT TO SECTION THREE HUNDRED EIGHT-A OF THIS ARTICLE; S 2. The civil practice law and rules is amended by adding a new section 308-a to read as follows: S 308-A. PERSONAL SERVICE UPON A PROPERTY OWNER WHO RESIDES OUTSIDE OF THE STATE; WITHIN CERTAIN CITIES. 1. THE SECRETARY OF STATE SHALL BE THE AGENT OF EVERY NATURAL PERSON WHO IS A PROPERTY OWNER, WITHIN A CITY WITH A POPULATION OF MORE THAN TWO HUNDRED NINETY THOUSAND BUT LESS THAN THREE HUNDRED THOUSAND ACCORDING TO THE TWO THOUSAND FEDERAL CENSUS, UPON WHOM PROCESS AGAINST SUCH PERSON MAY BE SERVED. 2. NO DEED FROM A NATURAL PERSON WHO IS A PROPERTY OWNER SHALL BE RECORDED, WITHIN A CITY WITH A POPULATION OF MORE THAN TWO HUNDRED NINE- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09461-01-9
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