Bill Text: NY S05076 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to the scope of non-final judgments and orders.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO JUDICIARY [S05076 Detail]

Download: New_York-2013-S05076-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5076
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      May 8, 2013
                                      ___________
       Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
         istration) -- read twice and ordered printed, and when printed  to  be
         committed to the Committee on Judiciary
       AN  ACT  to  amend  the civil practice law and rules, in relation to the
         scope of review of non-final judgments and orders
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraphs  1 and 3 of subdivision (a) of section 5501 of
    2  the civil practice law and rules are amended and a new  subdivision  (e)
    3  is added to read as follows:
    4    1.  any  non-final  judgment  or  order [which necessarily affects the
    5  final judgment,] including any which was adverse to  the  respondent  on
    6  the appeal from the final judgment and which, if reversed, would entitle
    7  the  respondent  to prevail in whole or in part on that appeal, provided
    8  that such non-final judgment or order has not previously  been  reviewed
    9  by the court to which the appeal is taken;
   10    3. any ruling to which the appellant objected or had no opportunity to
   11  object  or  which  was  a  refusal or failure to act as requested by the
   12  appellant, and any charge to the jury, or failure or refusal  to  charge
   13  as requested by the appellant, to which he OR SHE objected;
   14    (E)  NON-FINAL  JUDGMENTS  AND  ORDERS.  THE ENTRY OF A FINAL JUDGMENT
   15  SHALL NOT AFFECT THE APPEALABILITY OF A PARTY'S PENDING  APPEAL  OF  ANY
   16  NON-FINAL JUDGMENT OR ORDER.
   17    S  2. This act shall take effect on the first of January next succeed-
   18  ing the date on which it shall have become a law and shall apply to  all
   19  actions commenced on or after such effective date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09913-01-3