BILL NUMBER: S4222

SPONSOR: HARCKHAM
 
TITLE OF BILL:  An act to amend the civil practice law and rules, in
relation to the licensing board in the county of Westchester

 
PURPOSE:

To include all relevant professionals licensed by Westchester County in
the pleadings requirements of CPLR rule 3015.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends subdivision (e) of rule 3015 of the civil
practice law and rules to include professionals licensed by Westchester
County under the pleading requirements relating to licenses to do busi-
ness. Section two provides the effective date.

 
JUSTIFICATION:

              

Pursuant to rule 3015 of the Civil Practice Law and Rules (CPLR), where
a plaintiff brings a cause of action against a consumer arising from the
plaintiff's conduct of a business, which is required by state or local
law to be licensed, such plaintiff's complaint shall allege that he or
she was licensed at the time the services in question were rendered. The
common scenario here is a home improvement contractor as plaintiff who
brings a claim against a customer to resolve a dispute. Where a consumer
is sued and the contractor fails to stipulate in their complaint that he
or she was licensed at the time services were rendered, CPLR rule 3015
allows the consumer to file a motion to dismiss and the case is
dismissed.

In Westchester County, home improvement contractors must be licensed by
the county's Consumer Affairs/Weights & Measures Department.  However,
the licensing structure for plumbers and electricians in the county is
unique in that licenses are granted by two separate boards, the West-
chester County Board of Plumbing Examiners and the Westchester Elec-
trical Licensing Board. These are independent boards which are appointed
by the County Executive.

Currently, CPLR rule 3015 only applies to those professionals licensed
by. the Westchester Department of Consumer Affairs/Weights & Measures.
Therefore, under the county's current licensing structure, the pleading
requirements of CPLR rule 3015 apply to home improvement contractors, as
they are licensed by the Department of Consumer Affairs/Weights & Meas-
ures, but plumbers and electricians are excluded from this rule.

This legislation amends CPLR rule 3015 to include all professionals that
are licensed by Westchester County, not solely those licensed by the
county's Department of Consumer Affairs/Weights & Measures.  Doing so
will protect consumers who are sued by a plumber or electrician who
fails to meet the pleading requirements set out in this section by
affording them the ability to file a motion to dismiss the case. This
bill will also align Westchester with the pleadings requirements set out
under the current CPLR rule 3015 for counties with similar licensing
structures, including Rockland and Putnam counties.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.