Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Feb 11, 2009 |
referred to codes |
Senate Bill S2042
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes 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
co-Sponsors
(R) Senate District
2009-S2042 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd ยง1008, CPLR
- Versions Introduced in 2011-2012 Legislative Session:
-
S3762
2009-S2042 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2042 TITLE OF BILL : An act to amend the civil practice law and rules, in relation to assertable defenses of a third-party defendant PURPOSE : The purpose of this bill is to prohibit a third-party defendant from asserting an objection or defense that the summons and complaint, summons with notice or notice of petition and petition was not properly served and, thus, to expressly overrule the recent decision in Charles v. Long Island College Hospital, 2008 NY Slip Op. 218, 2008 NY App. Div. Lexis 176 (2nd Dept. 2008). SUMMARY OF PROVISIONS : This bill prohibits the assertion by a third-party defendant of a service objection relating to the initiating pleadings in the main action. EXISTING LAW : In the answer a third-party defendant may, of course, assert any defense he or she may have against the defendant/third-party plaintiff. In addition, CPLR 1008, as currently drafted, permits a third-party defendant to assert "against the plaintiff in his answer any defenses which the third-party plaintiff has to the plaintiff's claim." This has been interpreted to include the defenses/objections
2009-S2042 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2042 2009-2010 Regular Sessions I N S E N A T E February 11, 2009 ___________ Introduced by Sens. DeFRANCISCO, MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to assert- able defenses of a third-party defendant THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1008 of the civil practice law and rules is amended to read as follows: S 1008. Answer of third-party defendant; defenses. The third-party defendant shall answer the claim asserted against him by serving copies of his answer upon the third-party plaintiff. The third-party defendant may assert against the plaintiff in his answer any defenses which the third-party plaintiff has to the plaintiff's claim EXCEPT AN OBJECTION OR DEFENSE THAT THE SUMMONS AND COMPLAINT, SUMMONS WITH NOTICE OR NOTICE OF PETITION AND PETITION WAS NOT PROPERLY SERVED. The third-party defendant shall have the rights of a party adverse to the other parties in the action, including the right to counter-claim, cross-claim and appeal. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04779-01-9
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