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Who cares
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Sponsors
No co-sponsors yet.
History
- Substituted by A2215A
- Ordered to third reading cal.1311
- Committee discharged and committed to rules
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Requires pleadings in actions arising from the conduct of a business required to be licensed by the state to set forth in the pleadings that the business was licensed
Signed by Governor · Sponsor Kenneth Zebrowski
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S7092
Title of bill
An act to amend the civil practice law and rules, in relation to requir- ing pleadings in actions arising from the conduct of a business required to be licensed by the state to set forth in the pleadings that the busi- ness was licensed at the time the cause of action arose
Purpose of the bill
This bill would allow a business to file a complaint as long as they were licensed at the time that the cause of action arose.
Summary of provisions
Section one amends § 3015(e) of the civil practice law and rules by permitting certain complaints to be filed by a business as long as they were licensed at the time that a cause of action arose.
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 build- er 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 requirement that the license continue throughout an action. Currently, the statute of limita- tions 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.