STATE OF NEW YORK
________________________________________________________________________
S. 5137 A. 4721
2023-2024 Regular Sessions
SENATE - ASSEMBLY
February 23, 2023
___________
IN SENATE -- Introduced by Sen. GONZALEZ -- read twice and ordered
printed, and when printed to be committed to the Committee on Judici-
ary
IN ASSEMBLY -- Introduced by M. of A. SOLAGES -- read once and referred
to the Committee on Codes
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:
1 Section 1. Section 902 of the civil practice law and rules, as amended
2 by chapter 474 of the laws of 1975, is amended to read as follows:
3 § 902. Order allowing class action. Within sixty days after the time
4 to serve a responsive pleading has expired for all persons named as
5 defendants in an action brought as a class action, the plaintiff shall
6 move for an order to determine whether it is to be so maintained. An
7 order under this section may be conditional, and may be altered or
8 amended before the decision on the merits on the court's own motion or
9 on motion of the parties. The action may be maintained as a class
10 action only if the court finds that the prerequisites under section 901
11 have been satisfied. Among the matters which the court shall consider
12 in determining whether the action may proceed as a class action are:
13 1. the interest of members of the class in individually controlling
14 the prosecution or defense of separate actions;
15 2. the impracticability or inefficiency of prosecuting or defending
16 separate actions;
17 3. the extent and nature of any litigation concerning the controversy
18 already commenced by or against members of the class;
19 4. the desirability or undesirability of concentrating the litigation
20 of the claim in the particular forum;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02064-01-3
S. 5137 2 A. 4721
1 5. the difficulties likely to be encountered in the management of a
2 class action.
3 However, a court shall not deny or withhold class certification solely
4 because the action involves governmental operations.
5 § 2. This act shall take effect immediately.
