Bill Text: NY A07598 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2020-01-08 - ordered to third reading cal.280 [A07598 Detail]

Download: New_York-2019-A07598-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7598

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 13, 2019
                                       ___________

        Introduced  by M. of A. SEAWRIGHT, DINOWITZ -- (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.
                                                                   LBD11633-01-9