Bill Text: NY A05389 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to motions for summary judgment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to codes [A05389 Detail]

Download: New_York-2017-A05389-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5389
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 8, 2017
                                       ___________
        Introduced by M. of A. WEPRIN -- read once and referred to the Committee
          on Codes
        AN ACT to amend the civil practice law and rules, in relation to motions
          for summary judgment
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision (a) of rule 3212 of the civil practice law  and
     2  rules, as amended by chapter 492 of the laws of 1996, is amended to read
     3  as follows:
     4    (a)  Time; kind of action.  Any party may move for summary judgment in
     5  any action, after issue has been  joined;  provided  however,  that  the
     6  court  by  order specific to the case may set a date after which no such
     7  motion may be made, such date being no earlier than  thirty  days  after
     8  the  filing  of  the note of issue. If no such date is set by the court,
     9  such motion shall be made no later than one hundred  twenty  days  after
    10  the  filing  of  the  note  of issue, except with leave of court on good
    11  cause shown.
    12    § 2. This act shall take effect immediately and  shall  apply  to  all
    13  actions pending or commenced on and after such effective date.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09496-01-7