S00442 Summary:

BILL NO    S00442 

SAME AS    No same as 

SPONSOR    KRUEGER

COSPNSR    

MLTSPNSR   

Amd S212, Judy L; amd R3408, CPLR

Relates to presumption of dismissal of residential mortgage foreclosure actions
for repeated plaintiff non-appearance or failure to meet readiness deadlines.
Go to top

S00442 Actions:

BILL NO    S00442 

01/05/2011 REFERRED TO JUDICIARY
01/04/2012 REFERRED TO JUDICIARY
02/21/2012 NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
03/12/2012 COMMITTEE DISCHARGED AND COMMITTED TO RULES
Go to top

S00442 Votes:

There are no votes for this bill in this legislative session.
Go to top

S00442 Memo:

Memo not available
Go to top

S00442 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                          442

                              2011-2012 Regular Sessions

                                   I N  S E N A T E

                                      (PREFILED)

                                    January 5, 2011
                                      ___________

       Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Judiciary

       AN ACT to amend the judiciary law and the civil practice law and  rules,
         in  relation  to dismissal of residential mortgage foreclosure actions
         for repeated failure by plaintiff to appear with authority to  negoti-
         ate or to negotiate in good faith or meet other deadlines

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Subdivision 2 of  section  212  of  the  judiciary  law  is
    2  amended by adding a new paragraph (s) to read as follows:
    3    (S)  ADOPT  RULES PROVIDING FOR CONSIDERATION OF AND WAIVER OF MOTIONS
    4  TO DISMISS PURSUANT TO SUBDIVISION  (I)  OF  RULE  THREE  THOUSAND  FOUR
    5  HUNDRED  EIGHT  OF THE CIVIL PRACTICE LAW AND RULES, WHERE THE PLAINTIFF
    6  IN A RESIDENTIAL FORECLOSURE ACTION PURSUANT TO SECTION THIRTEEN HUNDRED
    7  FOUR OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS  LAW  TWICE  FAILS  IN
    8  SUCH  AN  ACTION  TO  MAKE AN APPEARANCE WITH AUTHORITY TO NEGOTIATE AND
    9  EXECUTE A SETTLEMENT OR TO NEGOTIATE IN GOOD FAITH OR TO MEET ANY  DEAD-
   10  LINE  FOR THE PRODUCTION OF DOCUMENTS OR OTHER EVIDENCE REQUIRED BY LAW,
   11  BY COURT RULE, BY THE COURT OR BY STIPULATION.
   12    S 2. Rule 3408 of the civil practice  law  and  rules  is  amended  by
   13  adding a new subdivision (i) to read as follows:
   14    (I) WHERE A PLAINTIFF IN AN ACTION SUBJECT TO THIS SECTION TWICE FAILS
   15  IN A SETTLEMENT CONFERENCE TO MAKE AN APPEARANCE WITH AUTHORITY TO NEGO-
   16  TIATE  AND EXECUTE A SETTLEMENT OR TO NEGOTIATE IN GOOD FAITH OR TO MEET
   17  ANY DEADLINE FOR THE PRODUCTION OF DOCUMENTS OR OTHER EVIDENCE  REQUIRED
   18  BY  LAW,  BY COURT RULE, BY THE COURT OR BY STIPULATION, UPON THE SECOND
   19  SUCH FAILURE THE DEFENDANT SHALL BE DEEMED TO MAKE A MOTION FOR AN ORDER
   20  DISMISSING SUCH ACTION, WITHOUT PREJUDICE, UNLESS  THE  DEFENDANT  SHALL
   21  WAIVE  THE  MAKING OF SUCH MOTION ON ADVICE OF COUNSEL BY SIGNED WRITING
   22  FILED WITH THE COURT. THE COURT SHALL RESERVE DECISION  ON  SUCH  MOTION

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00737-01-1
       S. 442                              2

    1  AND  UPON  THE  THIRD  SUCH FAILURE BY THE PLAINTIFF IN SUCH ACTION, THE
    2  COURT SHALL GRANT SUCH MOTION, EXCEPT ON GOOD CAUSE SHOWN BY THE  PLAIN-
    3  TIFF.
    4    S  3.  This act shall take effect immediately; provided, however, that
    5  section two of this act shall take effect ninety  days  after  this  act
    6  shall have become a law.
Go to top
Page display time = 0.1055 sec