Bill Text: NY A09009 | 2017-2018 | General Assembly | Amended


Bill Title: Amends the rules of evidence to permit the admission of an opposing party's statement if made by an agent or employee made within the scope of that relationship.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-01-29 - amended on third reading 9009a [A09009 Detail]

Download: New_York-2017-A09009-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         9009--A
                                                                Cal. No. 622
                   IN ASSEMBLY
                                    January 12, 2018
                                       ___________
        Introduced  by M. of A. DINOWITZ, WEPRIN -- (at request of the Office of
          Court Administration) -- read once and referred to  the  Committee  on
          Judiciary  --  advanced  to  a  third  reading,  amended  and  ordered
          reprinted, retaining its place on the order of third reading
        AN ACT to amend the civil practice law and rules, in relation to  admis-
          sibility of an opposing party's statement
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The civil practice law and rules is amended by adding a new
     2  section 4551 to read as follows:
     3    § 4551. Admissibility of an opposing party's  statement.  A  statement
     4  offered against an opposing party shall not be excluded from evidence as
     5  hearsay if made by a person whom the opposing party authorized to make a
     6  statement on the subject or by the opposing party's agent or employee on
     7  a  matter  within  the  scope  of  that relationship and made during the
     8  existence of that relationship.
     9    § 2. This act shall take effect immediately and  shall  apply  to  all
    10  actions pending on or after its effective date.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14169-03-8
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