Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 08, 2025 |
2nd report cal. |
Apr 07, 2025 |
1st report cal.641 |
Mar 27, 2025 |
referred to judiciary |
Senate Bill S6975
2025-2026 Legislative Session
Sponsored By
(D, WF) 59th Senate District
Current 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
Actions
Votes
2025-S6975 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A1550
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §902, CPLR
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
A5019
2011-2012: A2334
2013-2014: A6871
2015-2016: A2191
2017-2018: A3181
2019-2020: A2446
2021-2022: A6501
2023-2024: A4721, A8609
2025-S6975 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6975 SPONSOR: GONZALEZ TITLE OF BILL: An act to amend the civil practice law and rules, in relation to certif- ication of class actions in cases involving governmental operations SUMMARY OF PROVISIONS: Section 1. Amends section 902 of the civil practice law and rules, as amended by chapter 474 of the laws of 1975. Section 2. Sets the effective date. JUSTIFICATION: In New York State, courts have generally been unwilling to certify a class action when governmental operations are involved, reasoning that a class action is not superior to other available methods to litigants. The idea that the government is a special litigant is incorrect and unjust all New Yorkers should be able to stand equally before the
2025-S6975 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6975 2025-2026 Regular Sessions I N S E N A T E March 27, 2025 ___________ Introduced by Sen. GONZALEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to certif- ication of class actions in cases involving governmental operations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 902 of the civil practice law and rules, as amended by chapter 474 of the laws of 1975, is amended to read as follows: § 902. Order allowing class action. Within sixty days after the time to serve a responsive pleading has expired for all persons named as defendants in an action brought as a class action, the plaintiff shall move for an order to determine whether it is to be so maintained. An order under this section may be conditional, and may be altered or amended before the decision on the merits on the court's own motion or on motion of the parties. The action may be maintained as a class action only if the court finds that the prerequisites under section 901 have been satisfied. Among the matters which the court shall consider in determining whether the action may proceed as a class action are: 1. the interest of members of the class in individually controlling the prosecution or defense of separate actions; 2. the impracticability or inefficiency of prosecuting or defending separate actions; 3. the extent and nature of any litigation concerning the controversy already commenced by or against members of the class; 4. the desirability or undesirability of concentrating the litigation of the claim in the particular forum; 5. the difficulties likely to be encountered in the management of a class action. HOWEVER, A COURT SHALL NOT DENY OR WITHHOLD CLASS CERTIFICATION SOLELY BECAUSE THE ACTION INVOLVES GOVERNMENTAL OPERATIONS. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03313-01-5
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