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A09075 Summary:

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A09075 Floor Votes:

A09075 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9075
 
                   IN ASSEMBLY
 
                                     March 12, 2014
                                       ___________
 
        Introduced  by M. of A. STECK, WEINSTEIN -- (at request of the Office of
          Court Administration) -- read once and referred to  the  Committee  on
          Judiciary
 
        AN ACT to amend the civil practice law and rules, in relation to want of
          prosecution
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 

     1    Section 1. Subdivisions (a) and (b) of rule 3216 of the civil practice
     2  law and rules, as added by chapter 770 of the laws of 1967, paragraph  3
     3  of  subdivision  (b)  as  amended  by chapter 4 of the laws of 1978, are
     4  amended to read as follows:
     5    (a) Where a party unreasonably neglects to  proceed  generally  in  an
     6  action  or otherwise delays in the prosecution thereof against any party
     7  who may be liable to a separate judgment, or unreasonably fails to serve
     8  and file a note of issue, the court,  on  its  own  initiative  or  upon
     9  motion,  with notice to the parties, may dismiss the party's pleading on
    10  terms. Unless the order specifies otherwise, the dismissal is not on the
    11  merits.
    12    (b) No dismissal shall be directed under any  portion  of  subdivision
    13  (a)  of  this rule and no court initiative shall be taken or motion made

    14  thereunder unless the following conditions precedent have been  complied
    15  with:
    16    (1) Issue must have been joined in the action;
    17    (2)  One  year  must  have  elapsed  since the joinder of issue or six
    18  months must have elapsed since the issuance  of  the  preliminary  court
    19  conference  order  where  such  an  order  has been issued, whichever is
    20  later;
    21    (3) The court or party seeking such relief, as the case may be,  shall
    22  have  served  a written demand by registered or certified mail requiring
    23  the party against whom such relief is sought to  resume  prosecution  of
    24  the  action  and  to  serve  and file a note of issue within ninety days
    25  after receipt of such demand, and further stating that  the  default  by
    26  the  party upon whom such notice is served in complying with such demand

    27  within said ninety day period will serve as a basis for a motion by  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09755-01-3
        A. 9075                             2
 
     1  party serving said demand for dismissal as against him or her for unrea-
     2  sonably  neglecting  to proceed.   Where the written demand is served by
     3  the court, the demand shall set forth the specific conduct  constituting
     4  the  neglect, which conduct shall demonstrate a general pattern of delay
     5  in proceeding with the litigation.
     6    § 2. This act shall take effect on the first of January next  succeed-
     7  ing the date on which it shall have become law.