Senate Bill S5309

2021-2022 Legislative Session

Relates to certain preliminary injunctions

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Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary 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

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2021-S5309 (ACTIVE) - Details

See Assembly Version of this Bill:
A5901
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §6311, CPLR
Versions Introduced in Other Legislative Sessions:
2017-2018: S8514, A10627
2019-2020: S3733, A5527
2023-2024: S2260, A4312
2025-2026: S3311

2021-S5309 (ACTIVE) - Summary

Provides that the failure of a party challenging a building permit, variance, subdivision or other land use approval to seek a preliminary injunction to prevent construction shall not give rise to the opposing party raising the defense of mootness if such party continues and/or completes construction with knowledge that an action challenging its land use approval has been timely commenced.

2021-S5309 (ACTIVE) - Sponsor Memo

2021-S5309 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 5309                                                  A. 5901
 
                        2021-2022 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                               March 2, 2021
                                ___________
 
 IN SENATE -- Introduced by Sen. PALUMBO -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Judiciary
 
 IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
   to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to certain
   preliminary injunctions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 6311 of the civil practice law and rules is amended
 by adding a new subdivision 3 to read as follows:
   3.  FAILURE OF A PARTY CHALLENGING A BUILDING PERMIT, VARIANCE, SUBDI-
 VISION OR OTHER LAND USE APPROVAL TO SEEK A  PRELIMINARY  INJUNCTION  TO
 PREVENT  CONSTRUCTION SHALL NOT GIVE RISE TO THE OPPOSING PARTY TO RAISE
 THE DEFENSE  OF  MOOTNESS  IF  SAID  PARTY  CONTINUES  AND/OR  COMPLETES
 CONSTRUCTION  WITH  KNOWLEDGE  THAT  AN  ACTION CHALLENGING ITS LAND USE
 APPROVAL HAS BEEN TIMELY COMMENCED.
   § 2. This act shall take effect immediately.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05781-01-1

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