Bill Text: NY S07207 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to the failure to provide notice of a default judgment.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-06-17 - COMMITTED TO RULES [S07207 Detail]

Download: New_York-2015-S07207-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7207
                    IN SENATE
                                      April 6, 2016
                                       ___________
        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 with due
    15  diligence after having obtained knowledge of entry of the judgment.
    16    § 2. This act shall take effect immediately and  shall  apply  to  any
    17  application made on or after such effective date.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14222-01-6