Bill Text: NY S05799 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the failure to provide notice of a default judgment.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S05799 Detail]
Download: New_York-2017-S05799-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5799 2017-2018 Regular Sessions IN SENATE May 1, 2017 ___________ 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 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