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.
feedback