Assembly Bill A6265

Signed By Governor
2015-2016 Legislative Session

Relates to the use of expert affidavits in summary judgment motions

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Archive: Last Bill Status - Signed by Governor

  • 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

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2015-A6265 (ACTIVE) - Details

See Senate Version of this Bill:
S5188
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R3212, CPLR

2015-A6265 (ACTIVE) - Summary

Relates to the use of expert affidavits in summary judgment motions.

2015-A6265 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6265

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 19, 2015
                               ___________

Introduced  by M. of A. KAMINSKY, WEINSTEIN -- (at request of the Office
  of Court Administration) -- read once and referred to the Committee on
  Judiciary

AN ACT to amend the civil practice law and rules, in relation to the use
  of expert affidavits in summary judgment motions

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision (b) of rule 3212 of the civil practice law and
rules, as amended by charter 651 of the laws of 1973, is amended to read
as follows:
  (b) Supporting proof; grounds; relief to either party.   A motion  for
summary  judgment  shall  be  supported  by  affidavit, by a copy of the
pleadings and by other available proof, such as depositions and  written
admissions.  The  affidavit shall be by a person having knowledge of the
facts; it shall recite all the material facts; and it  shall  show  that
there  is  no defense to the cause of action or that the cause of action
or defense has no merit.   WHERE AN EXPERT  AFFIDAVIT  IS  SUBMITTED  IN
SUPPORT  OF,  OR OPPOSITION TO, A MOTION FOR SUMMARY JUDGMENT, THE COURT
SHALL NOT DECLINE TO CONSIDER THE AFFIDAVIT BECAUSE AN  EXPERT  EXCHANGE
PURSUANT  TO  SUBPARAGRAPH  (I)  OF  PARAGRAPH (1) OF SUBDIVISION (D) OF
SECTION 3101 WAS NOT FURNISHED PRIOR TO THE SUBMISSION OF THE AFFIDAVIT.
The motion shall be granted if, upon all the papers and proof submitted,
the cause of action or defense  shall  be  established  sufficiently  to
warrant  the  court as a matter of law in directing judgment in favor of
any party. Except as provided in subdivision (c) of this rule the motion
shall be denied if any party shall show facts sufficient  to  require  a
trial of any issue of fact. If it shall appear that any party other than
the  moving party is entitled to a summary judgment, the court may grant
such judgment without the necessity of a cross-motion.
  S 2. This act shall take effect immediately and  shall  apply  to  all
pending  cases  for  which a summary judgment motion is made on or after
the date on which it shall have become law and all  cases  filed  on  or
after such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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