Bill Text: NY S05188 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to the use of expert affidavits in summary judgment motions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-06-15 - SUBSTITUTED BY A6265 [S05188 Detail]

Download: New_York-2015-S05188-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5188
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      May 6, 2015
                                      ___________
       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 use
         of expert affidavits in summary judgment motions
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision (b) of rule 3212 of the civil practice law  and
    2  rules, as amended by charter 651 of the laws of 1973, is amended to read
    3  as follows:
    4    (b)  Supporting  proof; grounds; relief to either party.  A motion for
    5  summary judgment shall be supported by  affidavit,  by  a  copy  of  the
    6  pleadings  and by other available proof, such as depositions and written
    7  admissions. The affidavit shall be by a person having knowledge  of  the
    8  facts;  it  shall  recite all the material facts; and it shall show that
    9  there is no defense to the cause of action or that the cause  of  action
   10  or  defense  has  no  merit.   WHERE AN EXPERT AFFIDAVIT IS SUBMITTED IN
   11  SUPPORT OF, OR OPPOSITION TO, A MOTION FOR SUMMARY JUDGMENT,  THE  COURT
   12  SHALL  NOT  DECLINE TO CONSIDER THE AFFIDAVIT BECAUSE AN EXPERT EXCHANGE
   13  PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH  (1)  OF  SUBDIVISION  (D)  OF
   14  SECTION 3101 WAS NOT FURNISHED PRIOR TO THE SUBMISSION OF THE AFFIDAVIT.
   15  The motion shall be granted if, upon all the papers and proof submitted,
   16  the  cause  of  action  or  defense shall be established sufficiently to
   17  warrant the court as a matter of law in directing judgment in  favor  of
   18  any party. Except as provided in subdivision (c) of this rule the motion
   19  shall  be  denied  if any party shall show facts sufficient to require a
   20  trial of any issue of fact. If it shall appear that any party other than
   21  the moving party is entitled to a summary judgment, the court may  grant
   22  such judgment without the necessity of a cross-motion.
   23    S  2.  This  act  shall take effect immediately and shall apply to all
   24  pending cases for which a summary judgment motion is made  on  or  after
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09373-01-5
       S. 5188                             2
    1  the  date  on  which  it shall have become law and all cases filed on or
    2  after such effective date.