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S06395 Summary:

S06395 Actions:

S06395 Committee Votes:

S06395 Floor Votes:

S06395 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6395
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                      June 7, 2019
                                       ___________
 
        Introduced  by Sen. HOYLMAN -- (at request of the Office of Court Admin-
          istration) -- read twice and ordered printed, and when printed  to  be
          committed to the Committee on Rules
 
        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.
    22    Notwithstanding any other provision of law to the contrary, a  govern-
    23  ment  agency engaged in the enforcement of civil or criminal law against
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11359-03-9
        S. 6395                             2
 
     1  a person or a non-natural person may file an  affidavit  in  any  county
     2  within the state.
     3    §  2. This act shall take effect immediately and apply to judgments by
     4  confession entered upon affidavits filed  on  or  after  such  effective
     5  date.