Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 12, 2012 |
committee discharged and committed to rules |
Feb 21, 2012 |
notice of committee consideration - requested |
Jan 04, 2012 |
referred to judiciary |
Jan 05, 2011 |
referred to judiciary |
Senate Bill S442
2011-2012 Legislative Session
Sponsored By
(D, WF) 28th Senate District
Archive: Last Bill Status - In Senate Committee Rules 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
2011-S442 (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- Judiciary Law
- Laws Affected:
- Amd ยง212, Judy L; amd R3408, CPLR
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S7798
2013-2014: S1478
2015-2016: S4636
2017-2018: S3324
2011-S442 (ACTIVE) - Sponsor Memo
BILL NUMBER:S442 TITLE OF BILL: An act to amend the judiciary law and the civil practice law and rules, in relation to dismissal of residential mortgage foreclosure actions for repeated failure by plaintiff to appear with authority to negotiate or to negotiate in good faith or meet other deadlines SUMMARY OF SPECIFIC PROVISIONS: Subdivision 2 of the Judiciary law section 212 is amended by adding a new paragraph (s) which provides for the adoption of court rules governing instances where the plaintiff in a residential foreclosure action twice fails to appear at a settlement conference without the authority to execute a settlement with the defendant or to negotiate in good faith or to meet any deadline for the production of documents or evidence. A new subdivision (i) is added to Rule 2408 of the civil Practice Law and Rules which states that upon a second failure by a plaintiff in a residential foreclosure action to appear with the authority to execute a settlement with the defendant or to negotiate in good faith or to meet any deadline for the production of documents or evidence, the defendant shall be deemed to make a motion for an order dismissing such action, unless the defendant waives the making of such motion in writing by advice of counsel. Upon the third such failure by a plaintiff, the court shall grant the defendant's motion
2011-S442 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 442 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sen. KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the judiciary law and the civil practice law and rules, in relation to dismissal of residential mortgage foreclosure actions for repeated failure by plaintiff to appear with authority to negoti- ate or to negotiate in good faith or meet other deadlines THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 212 of the judiciary law is amended by adding a new paragraph (s) to read as follows: (S) ADOPT RULES PROVIDING FOR CONSIDERATION OF AND WAIVER OF MOTIONS TO DISMISS PURSUANT TO SUBDIVISION (I) OF RULE THREE THOUSAND FOUR HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES, WHERE THE PLAINTIFF IN A RESIDENTIAL FORECLOSURE ACTION PURSUANT TO SECTION THIRTEEN HUNDRED FOUR OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW TWICE FAILS IN SUCH AN ACTION TO MAKE AN APPEARANCE WITH AUTHORITY TO NEGOTIATE AND EXECUTE A SETTLEMENT OR TO NEGOTIATE IN GOOD FAITH OR TO MEET ANY DEAD- LINE FOR THE PRODUCTION OF DOCUMENTS OR OTHER EVIDENCE REQUIRED BY LAW, BY COURT RULE, BY THE COURT OR BY STIPULATION. S 2. Rule 3408 of the civil practice law and rules is amended by adding a new subdivision (i) to read as follows: (I) WHERE A PLAINTIFF IN AN ACTION SUBJECT TO THIS SECTION TWICE FAILS IN A SETTLEMENT CONFERENCE TO MAKE AN APPEARANCE WITH AUTHORITY TO NEGO- TIATE AND EXECUTE A SETTLEMENT OR TO NEGOTIATE IN GOOD FAITH OR TO MEET ANY DEADLINE FOR THE PRODUCTION OF DOCUMENTS OR OTHER EVIDENCE REQUIRED BY LAW, BY COURT RULE, BY THE COURT OR BY STIPULATION, UPON THE SECOND SUCH FAILURE THE DEFENDANT SHALL BE DEEMED TO MAKE A MOTION FOR AN ORDER DISMISSING SUCH ACTION, WITHOUT PREJUDICE, UNLESS THE DEFENDANT SHALL WAIVE THE MAKING OF SUCH MOTION ON ADVICE OF COUNSEL BY SIGNED WRITING FILED WITH THE COURT. THE COURT SHALL RESERVE DECISION ON SUCH MOTION EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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