Bill Text: NY A06265 | 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 (Democrat 2-0)

Status: (Passed) 2015-12-11 - signed chap.529 [A06265 Detail]

Download: New_York-2015-A06265-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6265
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 19, 2015
                                      ___________
       Introduced  by M. of A. KAMINSKY, WEINSTEIN -- (at request of the Office
         of Court Administration) -- read once and referred 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
   25  the date on which it shall have become law and all  cases  filed  on  or
   26  after such effective date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09373-01-5