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Who cares
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Sponsors
7 Co-sponsors
History
- Referred to codes
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:A10194
Title of bill
An act to amend the civil practice law and rules, in relation to requiring pleadings in actions arising from the conduct of a business required to be licensed by the state to set forth in the plead- ings that the business was licensed at the time the cause of action arose
Purpose of the bill
This bill would require that a business must be licensed at the time of services rendered and must disclose the licens- ing agency in a pleading.
Summary of provisions
Section of the bill amends subdivision e of rule 3015 of the civil practice law and rules as it relates to the license to do business as part of a pleading. Section one amends 3015(e) by remov- ing the language requiring that a business be licensed at the commence- ment of action. It only requires that a business be duly licensed at the-time of services rendered.
Section 2 of the bill relates to the effective date.
Justification
In order to bring an action for payment of lawfully owed fees a business not only must plead that it was lawfully licensed at the time the work was performed but throughout the duration of the action. Legal actions can take years. This has the effect of preventing a contractor or builder who has retired or had to close their business from seeking relief from our courts. This bill would continue to require that a business be licensed during the work, but would remove the irrel- evant requirement that the license continue throughout an action. Currently the statute of limitations on a contract is six years. With most cases lasting a couple years, a contractor would have to keep his license for 8 years in order to seek relief from a court.
Prior legislative history
New Bill.
Fiscal implications for state
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.