Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 28, 2014 |
print number 2779a |
Jan 28, 2014 |
amend and recommit to judiciary |
Jan 08, 2014 |
referred to judiciary |
Jan 18, 2013 |
referred to judiciary |
Assembly Bill A2779A
2013-2014 Legislative Session
Sponsored By
LAVINE
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
Bill Amendments
2013-A2779 - Details
2013-A2779 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2779 2013-2014 Regular Sessions I N A S S E M B L Y January 18, 2013 ___________ Introduced by M. of A. LAVINE -- read once and referred 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 AND UPON THE THIRD SUCH FAILURE BY THE PLAINTIFF IN SUCH ACTION, THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00999-01-3
2013-A2779A (ACTIVE) - Details
2013-A2779A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2779--A 2013-2014 Regular Sessions I N A S S E M B L Y January 18, 2013 ___________ Introduced by M. of A. LAVINE -- read once and referred to the Committee on Judiciary -- recommitted to the Committee on Judiciary in accord- ance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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 (t) to read as follows: (T) 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00999-03-4
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.