S05799 Summary:

BILL NOS05799
 
SAME ASSAME AS A07575
 
SPONSORBONACIC
 
COSPNSR
 
MLTSPNSR
 
Amd §3215, CPLR
 
Relates to the failure to provide notice of a default judgment.
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S05799 Actions:

BILL NOS05799
 
05/01/2017REFERRED TO JUDICIARY
05/23/20171ST REPORT CAL.1130
05/24/20172ND REPORT CAL.
06/05/2017ADVANCED TO THIRD READING
06/21/2017COMMITTED TO RULES
01/03/2018REFERRED TO JUDICIARY
03/06/20181ST REPORT CAL.593
03/12/20182ND REPORT CAL.
03/13/2018ADVANCED TO THIRD READING
06/20/2018COMMITTED TO RULES
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S05799 Committee Votes:

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S05799 Floor Votes:

There are no votes for this bill in this legislative session.
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S05799 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5799
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                       May 1, 2017
                                       ___________
 
        Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
          istration) -- 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 the
          failure to provide notice of a default judgment

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph 1 of subdivision (g) of section 3215 of the civil
     2  practice  law  and rules, as amended by chapter 100 of the laws of 1994,
     3  is amended to read as follows:
     4    1. Except as otherwise provided  with  respect  to  specific  actions,
     5  whenever application is made to the court or to the clerk, any defendant
     6  who  has  appeared is entitled to at least five days' notice of the time
     7  and place of the application, and if more  than  one  year  has  elapsed
     8  since  the default any defendant who has not appeared is entitled to the
     9  same notice unless the court orders otherwise. The  court  may  dispense
    10  with  the  requirement  of  notice when a defendant who has appeared has
    11  failed to proceed to trial of an action reached and  called  for  trial.
    12  When  such  notice is required but not given and judgment is entered, an
    13  application to vacate the judgment brought  by  the  party  entitled  to
    14  receive  notice  shall  be granted, provided such party acted within one
    15  hundred twenty days after having obtained  knowledge  of  entry  of  the
    16  judgment.
    17    §  2.  This  act  shall take effect immediately and shall apply to any
    18  application made on or after such effective date.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10417-02-7
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