Niou, DenDekker, Wright, Wallace, Schimminger, Kim
MLTSPNSR
Amd §3218, CPLR
Relates to judgment by confession; allows a government agency engaged in the enforcement of a civil or criminal law to file an affidavit in any county.
STATE OF NEW YORK
________________________________________________________________________
7500--A
2019-2020 Regular Sessions
IN ASSEMBLY
May 7, 2019
___________
Introduced by M. of A. DINOWITZ, NIOU, DenDEKKER, WRIGHT, WALLACE,
SCHIMMINGER -- (at request of the Office of Court Administration) --
read once and referred to the Committee on Judiciary -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the civil practice law and rules, in relation to judg-
ment by confession
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 (a) and subdivision (b) of
2 section 3218 of the civil practice law and rules, paragraph 1 of subdi-
3 vision (a) as amended by chapter 311 of the laws of 1963, are amended to
4 read as follows:
5 1. stating the sum for which judgment may be entered, authorizing the
6 entry of judgment, and stating the county where the defendant resides
7 [or if he is a non-resident, the county in which entry is authorized];
8 (b) Entry of judgment. At any time within three years after the affi-
9 davit is executed, it may be filed, but only with the clerk of the coun-
10 ty where the [defendant] defendant's affidavit stated [in his affidavit
11 that he] that the defendant resided when it was executed or[, if the
12 defendant was then a non-resident, with the clerk of the county desig-
13 nated in the affidavit] where the defendant resided at the time of
14 filing. [Thereupon the] The clerk shall then enter a judgment in the
15 supreme court for the sum confessed. [He] The clerk shall tax costs [to]
16 in the amount of fifteen dollars, besides disbursements taxable in an
17 action. The judgment may be docketed and enforced in the same manner
18 and with the same effect as a judgment in an action in the supreme
19 court. No judgment by confession may be entered after the defendant's
20 death. For purposes of this section, a non-natural person resides in
21 any county where it has a place of business.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11359-02-9
A. 7500--A 2
1 Notwithstanding any other provision of law to the contrary, a govern-
2 ment agency engaged in the enforcement of civil or criminal law against
3 a person or a non-natural person may file an affidavit in any county
4 within the state.
5 § 2. This act shall take effect immediately and apply to judgments by
6 confession entered upon affidavits filed on or after such effective
7 date.
