Bill Text: NY A07575 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to the failure to provide notice of a default judgment.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-01-03 - ordered to third reading cal.529 [A07575 Detail]

Download: New_York-2017-A07575-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7575
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                       May 2, 2017
                                       ___________
        Introduced by M. of A. SEAWRIGHT, 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 the
          failure to provide notice of a default judgment
          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 (g) of section 3215 of the civil
     2  practice  law  and rules, as amended by chapter 100 of the laws of 1994,
     3  is amended to read as follows:
     4    1. Except as otherwise provided  with  respect  to  specific  actions,
     5  whenever application is made to the court or to the clerk, any defendant
     6  who  has  appeared is entitled to at least five days' notice of the time
     7  and place of the application, and if more  than  one  year  has  elapsed
     8  since  the default any defendant who has not appeared is entitled to the
     9  same notice unless the court orders otherwise. The  court  may  dispense
    10  with  the  requirement  of  notice when a defendant who has appeared has
    11  failed to proceed to trial of an action reached and  called  for  trial.
    12  When  such  notice is required but not given and judgment is entered, an
    13  application to vacate the judgment brought  by  the  party  entitled  to
    14  receive  notice  shall  be granted, provided such party acted within one
    15  hundred twenty days after having obtained  knowledge  of  entry  of  the
    16  judgment.
    17    §  2.  This  act  shall take effect immediately and shall apply to any
    18  application made on or after such effective date.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10417-02-7