New York State Assembly

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A09009 Summary:

BILL NO	A09009A
SAME AS	SAME AS S04868-A
SPONSOR	Dinowitz
COSPNSR	Weprin
MLTSPNSR
Add §4551, CPLR
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.

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A09009 Actions:

BILL NO	A09009A
01/12/2018	referred to judiciary
01/23/2018	reported
01/25/2018	advanced to third reading cal.622
01/29/2018	amended on third reading 9009a

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A09009 Committee Votes:

Committee:JUDICIARY   Chair:Dinowitz      
DATE:01/23/2018AYE/NAY:14/5  Action: Favorable         
Dinowitz
Aye
Palumbo
Aye
Titus
Excused
Montesano
Nay
Lavine
Aye
Barclay
Nay
Zebrowski
Aye
Goodell
Nay
Weprin
Aye
Castorina
Nay
Braunstein
Aye
Morinello
Nay
Simotas
Excused
Quart
Aye
Titone
Aye
Buchwald
Aye
Steck
Aye
Seawright
Aye
Simon
Aye
Joyner
Aye
Abinanti
Aye

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A09009 Floor Votes:

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A09009 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9009--A
                                                                Cal. No. 622
 
                   IN ASSEMBLY
 
                                    January 12, 2018
                                       ___________
 
        Introduced  by M. of A. DINOWITZ, WEPRIN -- (at request of the Office of
          Court Administration) -- read once and referred to  the  Committee  on
          Judiciary  --  advanced  to  a  third  reading,  amended  and  ordered
          reprinted, retaining its place on the order of third reading

        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:
 
     1    Section 1. The civil practice law and rules is amended by adding a new
     2  section 4551 to read as follows:
     3    § 4551. Admissibility of an opposing party's  statement.  A  statement
     4  offered against an opposing party shall not be excluded from evidence as
     5  hearsay if made by a person whom the opposing party authorized to make a
     6  statement on the subject or by the opposing party's agent or employee on
     7  a  matter  within  the  scope  of  that relationship and made during the
     8  existence of that relationship.
     9    § 2. This act shall take effect immediately and  shall  apply  to  all
    10  actions pending on or after its effective date.
 
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14169-03-8

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