Relates to presumption of dismissal of residential mortgage foreclosure actions for repeated plaintiff non-appearance or failure to meet readiness deadlines.
STATE OF NEW YORK
________________________________________________________________________
1478--A
2013-2014 Regular Sessions
IN SENATE(Prefiled)
January 9, 2013
___________
Introduced by Sens. KRUEGER, HASSELL-THOMPSON, HOYLMAN, MONTGOMERY,
PARKER, PERKINS -- read twice and ordered printed, and when printed to
be committed to the Committee on Judiciary -- recommitted to the
Committee on Judiciary in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the judiciary law and the civil practice law and rules,
in relation to dismissal of residential mortgage foreclosure actions
for repeated failure by plaintiff to appear with authority to negoti-
ate or to negotiate in good faith or meet other deadlines
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 212 of the judiciary law is
2 amended by adding a new paragraph (t) to read as follows:
3 (t) Adopt rules providing for consideration of and waiver of motions
4 to dismiss pursuant to subdivision (i) of rule three thousand four
5 hundred eight of the civil practice law and rules, where the plaintiff
6 in a residential foreclosure action pursuant to section thirteen hundred
7 four of the real property actions and proceedings law twice fails in
8 such an action to make an appearance with authority to negotiate and
9 execute a settlement or to negotiate in good faith or to meet any dead-
10 line for the production of documents or other evidence required by law,
11 by court rule, by the court or by stipulation.
12 § 2. Rule 3408 of the civil practice law and rules is amended by
13 adding a new subdivision (i) to read as follows:
14 (i) Where a plaintiff in an action subject to this section twice fails
15 in a settlement conference to make an appearance with authority to nego-
16 tiate and execute a settlement or to negotiate in good faith or to meet
17 any deadline for the production of documents or other evidence required
18 by law, by court rule, by the court or by stipulation, upon the second
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00999-02-4
S. 1478--A 2
1 such failure the defendant shall be deemed to make a motion for an order
2 dismissing such action, without prejudice, unless the defendant shall
3 waive the making of such motion on advice of counsel by signed writing
4 filed with the court. The court shall reserve decision on such motion
5 and upon the third such failure by the plaintiff in such action, the
6 court shall grant such motion, except on good cause shown by the plain-
7 tiff.
8 § 3. This act shall take effect immediately; provided, however, that
9 section two of this act shall take effect ninety days after this act
10 shall have become a law.
