Bill Text: NY A02215 | 2011-2012 | General Assembly | Amended
Bill Title: Requires pleadings in actions arising from the conduct of a business required to be licensed by the state to set forth in the pleadings that the business was licensed at the time the cause of action arose.
Spectrum: Strong Partisan Bill (Democrat 11-1)
Status: (Passed) 2012-10-03 - approval memo.13 [A02215 Detail]
Download: New_York-2011-A02215-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2215--A 2011-2012 Regular Sessions I N A S S E M B L Y January 14, 2011 ___________ Introduced by M. of A. ZEBROWSKI, JAFFEE, HOOPER, BOYLAND, REILLY, CRES- PO, CASTRO -- Multi-Sponsored by -- M. of A. CAHILL, DINOWITZ, MARKEY, PHEFFER -- read once and referred to the Committee on Codes -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee AN ACT to amend the civil practice law and rules, in relation to requir- ing pleadings in actions arising from the conduct of a business required to be licensed by the state to set forth in the pleadings that the business was licensed at the time the cause of action arose THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision (e) of rule 3015 of the civil practice law and 2 rules, as amended by chapter 465 of the laws of 1996, is amended to read 3 as follows: 4 (e) License to do business. Where the plaintiff's cause of action 5 against a consumer arises from the plaintiff's conduct of a business 6 which is required by state or local law to be licensed by the department 7 of consumer affairs of the city of New York, the Suffolk county depart- 8 ment of consumer affairs, the Westchester county department of consumer 9 affairs/weight-measures, the county of Rockland, the county of Putnam or 10 the Nassau county department of consumer affairs, the complaint shall 11 allege, as part of the cause of action, that plaintiff [is] WAS duly 12 licensed AT THE TIME OF SERVICES RENDERED and shall contain the name and 13 number, if any, of such license and the governmental agency which issued 14 such license; provided, however, that where the plaintiff does not have 15 a license at the commencement of the action the plaintiff may, subject 16 to the provisions of rule thirty hundred twenty-five of this article, 17 amend the complaint with the name and number of an after-acquired 18 license OR THE PREVIOUSLY HELD LICENSE, AS THE CASE MAY BE, and the name 19 of the governmental agency which issued such license or move for leave 20 to amend the complaint in accordance with such provisions. The failure EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00573-02-1 A. 2215--A 2 1 of the plaintiff to comply with this subdivision will permit the defend- 2 ant to move for dismissal pursuant to paragraph seven of subdivision (a) 3 of rule thirty-two hundred eleven of this chapter. 4 S 2. This act shall take effect immediately.