A09341 Summary:
| BILL NO | A09341 |
| SAME AS | SAME AS S03311 |
| SPONSOR | Schiavoni |
| COSPNSR | |
| MLTSPNSR | |
| Amd §6311, CPLR | |
| Provides that the failure of a party challenging a building permit, variance, subdivision or other land use approval to seek a preliminary injunction to prevent construction shall not give rise to the opposing party raising the defense of mootness if such party continues and/or completes construction with knowledge that an action challenging its land use approval has been timely commenced. | |
A09341 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 9341 2025-2026 Regular Sessions IN ASSEMBLY December 10, 2025 ___________ Introduced by M. of A. SCHIAVONI -- read once and referred to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to certain preliminary injunctions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 6311 of the civil practice law and rules is amended 2 by adding a new subdivision 3 to read as follows: 3 3. Failure of a party challenging a building permit, variance, subdi- 4 vision or other land use approval to seek a preliminary injunction to 5 prevent construction shall not give rise to the opposing party to raise 6 the defense of mootness if said party continues and/or completes 7 construction with knowledge that an action challenging its land use 8 approval has been timely commenced. 9 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07526-01-5