Assembly Bill A7575

2017-2018 Legislative Session

Relates to the failure to provide notice of a default judgment

download bill text pdf

Sponsored By

Archive: Last Bill Status - On Floor Calendar

  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2017-A7575 (ACTIVE) - Details

See Senate Version of this Bill:
S5799
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3215, CPLR
Versions Introduced in Other Legislative Sessions:
2015-2016: A9540, S7207
2019-2020: A7598

2017-A7575 (ACTIVE) - Summary

Relates to the failure to provide notice of a default judgment.

2017-A7575 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7575
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 2, 2017
                                ___________
 
 Introduced by M. of A. SEAWRIGHT, 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
   failure to provide notice of a default judgment

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 1 of subdivision (g) of section 3215 of the civil
 practice  law  and rules, as amended by chapter 100 of the laws of 1994,
 is amended to read as follows:
   1. Except as otherwise provided  with  respect  to  specific  actions,
 whenever application is made to the court or to the clerk, any defendant
 who  has  appeared is entitled to at least five days' notice of the time
 and place of the application, and if more  than  one  year  has  elapsed
 since  the default any defendant who has not appeared is entitled to the
 same notice unless the court orders otherwise. The  court  may  dispense
 with  the  requirement  of  notice when a defendant who has appeared has
 failed to proceed to trial of an action reached and  called  for  trial.
 WHEN  SUCH  NOTICE IS REQUIRED BUT NOT GIVEN AND JUDGMENT IS ENTERED, AN
 APPLICATION TO VACATE THE JUDGMENT BROUGHT  BY  THE  PARTY  ENTITLED  TO
 RECEIVE  NOTICE  SHALL  BE GRANTED, PROVIDED SUCH PARTY ACTED WITHIN ONE
 HUNDRED TWENTY DAYS AFTER HAVING OBTAINED  KNOWLEDGE  OF  ENTRY  OF  THE
 JUDGMENT.
   §  2.  This  act  shall take effect immediately and shall apply to any
 application made on or after such effective date.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10417-02-7

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.