What's happening
This bill requires public officers or entities to be designated by their official titles in lawsuits, and repeals section 1019.
Why it matters
Standardizes how public officers and entities are named in lawsuits. , requiring them to be designated strictly by their official titles rather than by individual names, which can reduce confusion when people change offices or positions.
May streamline legal proceedings and recordkeeping. by ensuring that lawsuits target the office, not the person, making transitions between officeholders smoother and minimizing procedural disputes about party identity.
The repeal of section 1019 and amendment to section 1023 could eliminate inconsistencies or ambiguities. that previously allowed flexibility in naming, potentially reducing legal loopholes or technical challenges to lawsuits involving public bodies.
Impacts ongoing as well as future cases,. as the bill applies to all pending actions and proceedings, meaning current lawsuits may need to update how parties are designated, which could have immediate administrative and legal effects.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Update Party Substitution Rules
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Reported referred to rules
- Referred to judiciary
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7524
2019-2020 Regular Sessions
IN ASSEMBLY
May 8, 2019
Introduced by M. of A. BUCHWALD, DINOWITZ -- (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 substitution of parties; and repealing certain provisions of such law relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1019 of the civil practice law and rules is REPEALED.
§ 2. Section 1023 of the civil practice law and rules is amended to read as follows:
§ 1023. Public body or officer described by official title. When a public officer, body, board, commission or other public agency may sue or be sued in its official capacity, [it may] that person or entity shall be designated by [its] the official title, subject to the power of the court to require names to be added.
§ 3. This act shall take effect immediately and shall apply to all pending actions and proceedings.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10171-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.