Assembly Bill A8040

Signed By Governor
2021-2022 Legislative Session

Relates to admissibility of an opposing party's statement

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S7093 - 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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2021-A8040 (ACTIVE) - Details

See Senate Version of this Bill:
S7093
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §4549, CPLR
Versions Introduced in 2019-2020 Legislative Session:
A7599, S6335

2021-A8040 (ACTIVE) - Summary

Amends the rules of evidence to permit the admission of an opposing party's statement if made by an agent or employee made within the scope of that relationship and during the existence of that relationship.

2021-A8040 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8040
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 9, 2021
                                ___________
 
 Introduced  by  M.  of A. DINOWITZ -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on  Judici-
   ary
 
 AN  ACT to amend the civil practice law and rules, in relation to admis-
   sibility of an opposing party's statement
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 4549 to read as follows:
   §  4549.  ADMISSIBILITY  OF AN OPPOSING PARTY'S STATEMENT. A STATEMENT
 OFFERED AGAINST AN OPPOSING PARTY SHALL NOT BE EXCLUDED FROM EVIDENCE AS
 HEARSAY IF MADE BY A PERSON WHOM THE OPPOSING PARTY AUTHORIZED TO MAKE A
 STATEMENT ON THE SUBJECT OR BY THE OPPOSING PARTY'S AGENT OR EMPLOYEE ON
 A MATTER WITHIN THE SCOPE OF THAT RELATIONSHIP AND DURING THE  EXISTENCE
 OF THAT RELATIONSHIP.
   §  2.  This  act  shall take effect immediately and shall apply to all
 actions pending on or after its effective date.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10789-01-1

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