S T A T E O F N E W Y O R K ________________________________________________________________________
7255--B
2005-2006 Regular Sessions
I N A S S E M B L Y
April 11, 2005 ___________
Introduced by M. of A. WEINSTEIN, LAFAYETTE -- Multi-Sponsored by -- M.
of A. GRANNIS, JOHN, LATIMER -- read once and referred to the Commit-
tee on Judiciary -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- reported and
referred to the Committee on Rules -- Rules Committee discharged, bill
amended, ordered reprinted as amended and recommitted to the Committee
on Rules
AN ACT to amend the New York city civil court act, the uniform district
court act and the uniform city court act, in relation to the method of
commencing and filing a lawsuit; to amend the workers` compensation
law and the insurance law, in relation to expedited hearing of claims
arising out of certain motor vehicle accidents; and to repeal certain
provisions of the New York city civil court act, the uniform district
court act and the uniform city court act relating to the filing of a
summons or notice of petition nunc pro tunc
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 400 of the New York city civil court act, as added
2 by chapter 216 of the laws of 1992, is amended to read as follows:
3 S 400. Method of commencing action or special proceeding. {Section
4 three hundred four of the civil practice law and rules shall not apply
5 in this court.} 1. An action is commenced in this court {and jurisdic-
6 tion acquired} by {service of} FILING a summons AND COMPLAINT. A
7 special proceeding is commenced {and jurisdiction acquired} by {service
8 of} FILING a notice of petition AND PETITION or order to show cause AND
9 PETITION. FOR PURPOSES OF THIS SECTION, AND FOR PURPOSES OF SECTION TWO
10 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, FILING SHALL MEAN THE
11 DELIVERY OF THE SUMMONS AND COMPLAINT, THE NOTICE OF PETITION AND PETI-
12 TION OR ORDER TO SHOW CAUSE AND PETITION TO THE CLERK OF THE COURT IN
13 THE COUNTY IN WHICH THE ACTION OR SPECIAL PROCEEDING IS BROUGHT TOGETHER
14 WITH ANY FEE REQUIRED BY SECTION NINETEEN HUNDRED ELEVEN OF THIS ACT. AT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD09687-06-5
A. 7255--B 2
1 THE TIME OF FILING, THE ORIGINAL AND A COPY OF THE PAPERS SHALL BE DATE
2 STAMPED BY THE COURT CLERK WHO SHALL FILE THE ORIGINAL AND MAINTAIN A
3 RECORD OF THE FILING AND SHALL RETURN THE COPY TO THE PARTY WHO BROUGHT
4 THE FILING. THE CLERK SHALL ACCEPT THE FEE AND FILE THE PAPERS AS SOON
5 AS REASONABLY PRACTICABLE.
6 2. JURISDICTION IS ACQUIRED OVER A PARTY TO AN ACTION OR SPECIAL
7 PROCEEDING BY SERVICE UPON SUCH PARTY OF A COPY OF THE SUMMONS AND
8 COMPLAINT, THE NOTICE OF PETITION AND PETITION OR THE ORDER TO SHOW
9 CAUSE AND PETITION.
10 3. THE ACTUAL INDEX NUMBER SHALL BE ON THE SUMMONS, NOTICE OF PETITION
11 OR ORDER TO SHOW CAUSE AS SERVED. FAILURE TO INCLUDE THE INDEX NUMBER ON
12 THE PAPERS AS SERVED SHALL BE CURED BY STIPULATION BETWEEN THE PARTIES
13 OR BY LEAVE OF COURT, WHICH SHALL NOT BE UNREASONABLY WITHHELD.
14 S 2. Section 409 of the New York city civil court act, as amended by
15 chapter 698 of the laws of 1976, is amended to read as follows:
16 S 409. Summons AND COMPLAINT, NOTICE OF PETITION AND PETITION OR ORDER
17 TO SHOW CAUSE AND PETITION; filing {with} proof of service. (a) {A copy
18 of the summons with proof} PROOF of service OF THE SUMMONS AND
19 COMPLAINT, NOTICE OF PETITION AND PETITION OR ORDER TO SHOW CAUSE AND
20 PETITION shall be filed with the clerk of the court in the county in
21 which the action is brought{:
22 1. within fourteen days after service within the city of New York,
23 regardless of how or upon whom it was served; or
24 2. within fourteen days after the day of last publication, where
25 service has been made by that means; or
26 3. within fourteen days after a receipt for registered mail has been
27 returned, or ordinary mail has been posted, where service by registered
28 mail, or ordinary mail in the event registered mail is refused, is
29 provided by law or order of court; or
30 4. within fourteen days after service outside the city of New York}.
31 (b) Proof of service shall be made by the certificate of the sheriff
32 or {marshall} MARSHAL or by the affidavit of the person by whom the
33 service was made{, and such certificate or affidavit shall be indorsed
34 upon or annexed to the summons within fourteen days after service}.
35 S 3. Section 411 of the New York city civil court act is REPEALED and
36 two new sections 411 and 412 are added to read as follows:
37 S 411. SERVICE OF SUMMONS AND COMPLAINT, THIRD-PARTY SUMMONS AND
38 COMPLAINT, PETITION WITH A NOTICE OF PETITION OR ORDER TO SHOW CAUSE AND
39 PETITION UPON DEFENDANT. SERVICE OF THE SUMMONS AND COMPLAINT,
40 THIRD-PARTY SUMMONS AND COMPLAINT, PETITION WITH A NOTICE OF PETITION OR
41 ORDER TO SHOW CAUSE AND PETITION SHALL BE MADE WITHIN ONE HUNDRED TWENTY
42 DAYS AFTER THE FILING OF THE SUMMONS AND COMPLAINT, THIRD-PARTY SUMMONS
43 AND COMPLAINT, OR PETITION WITH NOTICE OF PETITION OR ORDER TO SHOW
44 CAUSE AND PETITION, PROVIDED THAT IF SERVICE IS NOT MADE UPON A DEFEND-
45 ANT WITHIN THE TIME PROVIDED IN THIS SECTION, THE COURT, UPON MOTION,
46 SHALL DISMISS THE ACTION WITHOUT PREJUDICE AS TO THAT DEFENDANT, OR UPON
47 GOOD CAUSE SHOWN OR IN THE INTEREST OF JUSTICE, EXTEND THE TIME FOR
48 SERVICE.
49 S 412. ACCRUAL OF INTEREST. IN ANY ACTION, PETITION, ORDER TO SHOW
50 CAUSE OR OTHER PROCEEDING WHEREIN INTEREST ACCRUES FROM THE DATE OF THE
51 INCEPTION OF THE ACTION, PETITION, ORDER OR PROCEEDING, SAID ENTITLEMENT
52 TO INTEREST SHALL NOT BEGIN TO ACCRUE UNTIL SERVICE IS COMPLETED BY THE
53 ACTUAL INDEX NUMBER BEING PROPERLY DEPICTED ON THE SUMMONS AND PROVIDED
54 TO THE PARTY TO BE CHARGED WITH THE PAYMENT OF INTEREST.
55 S 4. Section 400 of the uniform district court act, as added by chap-
56 ter 216 of the laws of 1992, is amended to read as follows:
A. 7255--B 3
1 S 400. Method of commencing action or special proceeding.
2 {Section three hundred four of the civil practice law and rules shall
3 not apply in this court.}
4 1. An action is commenced in this court {and jurisdiction acquired} by
5 {service of} FILING a summons AND COMPLAINT. A special proceeding is
6 commenced {and jurisdiction acquired} by {service of} FILING a notice of
7 petition AND PETITION or order to show cause AND PETITION. FOR PURPOSES
8 OF THIS SECTION, AND FOR PURPOSES OF SECTION TWO HUNDRED THREE OF THE
9 CIVIL PRACTICE LAW AND RULES, FILING SHALL MEAN THE DELIVERY OF THE
10 SUMMONS AND COMPLAINT, THE NOTICE OF PETITION AND PETITION OR ORDER TO
11 SHOW CAUSE AND PETITION TO THE CLERK OF THE COURT IN THE DISTRICT IN
12 WHICH THE ACTION OR SPECIAL PROCEEDING IS BROUGHT TOGETHER WITH ANY FEE
13 REQUIRED BY SECTION NINETEEN HUNDRED ELEVEN OF THIS ACT. AT THE TIME OF
14 FILING, THE ORIGINAL AND A COPY OF THE PAPERS SHALL BE DATE STAMPED BY
15 THE COURT CLERK WHO SHALL FILE THE ORIGINAL AND MAINTAIN A RECORD OF THE
16 FILING AND SHALL RETURN THE COPY TO THE PARTY WHO BROUGHT THE FILING.
17 THE CLERK SHALL ACCEPT THE FEE AND FILE THE PAPERS AS SOON AS REASONABLY
18 PRACTICABLE.
19 2. JURISDICTION IS ACQUIRED OVER A PARTY TO AN ACTION OR SPECIAL
20 PROCEEDING BY SERVICE UPON SUCH PARTY OF A COPY OF THE SUMMONS AND
21 COMPLAINT, THE NOTICE OF PETITION AND PETITION OR THE ORDER TO SHOW
22 CAUSE AND PETITION.
23 3. THE ACTUAL INDEX NUMBER SHALL BE ON THE SUMMONS, NOTICE OF PETITION
24 OR ORDER TO SHOW CAUSE AS SERVED. FAILURE TO INCLUDE THE INDEX NUMBER
25 ON THE PAPERS AS SERVED SHALL BE CURED BY STIPULATION BETWEEN THE
26 PARTIES OR BY LEAVE OF COURT, WHICH SHALL NOT BE UNREASONABLY WITHHELD.
27 S 5. Section 409 of the uniform district court act, subdivision (a) as
28 amended by chapter 330 of the laws of 1975, is amended to read as
29 follows:
30 S 409. Summons AND COMPLAINT, NOTICE OF PETITION AND PETITION OR ORDER
31 TO SHOW CAUSE AND PETITION; filing {with} proof of service.
32 (a) {A copy of the summons with proof} PROOF of service OF THE SUMMONS
33 AND COMPLAINT, NOTICE OF PETITION AND PETITION OR ORDER TO SHOW CAUSE
34 AND PETITION shall be filed with the clerk of the court in the district
35 in which the action is brought{:
36 1. within twenty days after service within the county, regardless of
37 how or upon whom it was served; or
38 2. within twenty days after the day of last publication, where service
39 has been made by that means; or
40 3. within twenty days after a receipt for registered mail has been
41 returned, or ordinary mail has been posted, where service by registered
42 mail, or ordinary mail in the event registered mail is refused, is
43 provided by law or order of court; or
44 4. within thirty days after service outside the county}.
45 (b) Proof of service shall be made by the certificate of the enforce-
46 ment officer or by the affidavit of the person by whom the service was
47 made, and such certificate or affidavit shall be indorsed upon or
48 annexed to the summons.
49 S 6. Section 411 of the uniform district court act is REPEALED and two
50 new sections 411 and 412 are added to read as follows:
51 S 411. SERVICE OF SUMMONS AND COMPLAINT, THIRD-PARTY SUMMONS AND
52 COMPLAINT, PETITION WITH A NOTICE OF PETITION OR ORDER TO
53 SHOW CAUSE AND PETITION UPON DEFENDANT.
54 SERVICE OF THE SUMMONS AND COMPLAINT, THIRD-PARTY SUMMONS AND
55 COMPLAINT, PETITION WITH A NOTICE OF PETITION OR ORDER TO SHOW CAUSE AND
56 PETITION SHALL BE MADE WITHIN ONE HUNDRED TWENTY DAYS AFTER THE FILING
A. 7255--B 4
1 OF THE SUMMONS AND COMPLAINT, THIRD-PARTY SUMMONS AND COMPLAINT, PETI-
2 TION WITH A NOTICE OF PETITION OR ORDER TO SHOW CAUSE AND PETITION,
3 PROVIDED THAT IF SERVICE IS NOT MADE UPON A DEFENDANT WITHIN THE TIME
4 PROVIDED IN THIS SECTION, THE COURT, UPON MOTION, SHALL DISMISS THE
5 ACTION WITHOUT PREJUDICE AS TO THAT DEFENDANT, OR UPON GOOD CAUSE SHOWN
6 OR IN THE INTEREST OF JUSTICE, EXTEND THE TIME FOR SERVICE.
7 S 412. ACCRUAL OF INTEREST.
8 IN ANY ACTION, PETITION, ORDER TO SHOW CAUSE OR OTHER PROCEEDING WHER-
9 EIN INTEREST ACCRUES FROM THE DATE OF THE INCEPTION OF THE ACTION, PETI-
10 TION, ORDER OR PROCEEDING, SUCH ENTITLEMENT TO INTEREST SHALL NOT ACCRUE
11 UNTIL SERVICE IS COMPLETED BY THE ACTUAL INDEX NUMBER BEING PROPERLY
12 DEPICTED ON THE SUMMONS AND PROVIDED TO THE PARTY TO BE CHARGED WITH
13 PAYMENT OF INTEREST.
14 S 7. Section 400 of the uniform city court act, as added by chapter
15 216 of the laws of 1992, is amended to read as follows:
16 S 400. Method of commencing action or special proceeding.
17 {Section three hundred four of the civil practice law and rules shall
18 not apply in this court.} 1. An action is commenced in this court {and
19 jurisdiction acquired} by {service of} FILING a summons AND COMPLAINT. A
20 special proceeding is commenced {and jurisdiction acquired} by {service
21 of} FILING a notice of petition AND PETITION or order to show cause AND
22 PETITION. FOR PURPOSES OF THIS SECTION, AND FOR PURPOSES OF SECTION TWO
23 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, FILING SHALL MEAN THE
24 DELIVERY OF THE SUMMONS AND COMPLAINT, THE NOTICE OF PETITION AND PETI-
25 TION OR ORDER TO SHOW CAUSE AND PETITION TO THE CLERK OF THE COURT IN
26 WHICH THE ACTION OR SPECIAL PROCEEDING IS BROUGHT TOGETHER WITH ANY FEE
27 REQUIRED BY SECTION NINETEEN HUNDRED ELEVEN OF THIS ACT. AT THE TIME OF
28 FILING, THE ORIGINAL AND A COPY OF THE PAPERS SHALL BE DATE STAMPED BY
29 THE COURT CLERK WHO SHALL FILE THE ORIGINAL AND MAINTAIN A RECORD OF THE
30 FILING AND SHALL RETURN THE COPY TO THE PARTY WHO BROUGHT THE FILING.
31 THE CLERK SHALL ACCEPT THE FEE AND FILE THE PAPERS AS SOON AS REASONABLY
32 PRACTICABLE.
33 2. JURISDICTION IS ACQUIRED OVER A PARTY TO AN ACTION OR SPECIAL
34 PROCEEDING BY SERVICE UPON SUCH PARTY OF A COPY OF THE SUMMONS AND
35 COMPLAINT OR THE NOTICE OF PETITION AND PETITION OR THE ORDER TO SHOW
36 CAUSE AND PETITION.
37 3. THE ACTUAL INDEX NUMBER SHALL BE ON THE SUMMONS, NOTICE OF PETITION
38 OR ORDER TO SHOW CAUSE AS SERVED. FAILURE TO INCLUDE THE INDEX NUMBER
39 ON THE PAPERS AS SERVED SHALL BE CURED BY STIPULATION BETWEEN THE
40 PARTIES OR BY LEAVE OF COURT, WHICH SHALL NOT BE UNREASONABLY WITHHELD.
41 S 8. Section 409 of the uniform city court act, as added by chapter
42 498 of the laws of 1964, subdivisions (a) and (b) as relettered by chap-
43 ter 216 of the laws of 1992, is amended to read as follows:
44 S 409. Summons; filing{;} proof of service.
45 (a) {The rules of the court may require the filing of the summons with
46 the clerk in all cases or in designated categories of cases} PROOF OF
47 SERVICE OF THE SUMMONS AND COMPLAINT, NOTICE OF PETITION AND PETITION OR
48 ORDER TO SHOW CAUSE AND PETITION SHALL BE FILED WITH THE CLERK OF THE
49 COURT.
50 (b) If service has been made by the court`s enforcement officer, his
51 OR HER certificate shall be the equivalent of an affidavit of service.
52 S 9. Section 411 of the uniform city court act is REPEALED and two new
53 sections 411 and 412 are added to read as follows:
54 S 411. SERVICE OF SUMMONS AND COMPLAINT, THIRD-PARTY COMPLAINT, PETITION
55 WITH A NOTICE OF PETITION OR ORDER TO SHOW CAUSE AND PETITION
56 UPON DEFENDANT.
A. 7255--B 5
1 SERVICE OF THE SUMMONS AND COMPLAINT, THIRD-PARTY SUMMONS AND
2 COMPLAINT, PETITION WITH A NOTICE OF PETITION OR ORDER TO SHOW CAUSE AND
3 PETITION SHALL BE MADE WITHIN ONE HUNDRED TWENTY DAYS AFTER THE FILING
4 OF THE SUMMONS AND COMPLAINT, THIRD-PARTY SUMMONS AND COMPLAINT, PETI-
5 TION WITH A NOTICE OF PETITION OR ORDER TO SHOW CAUSE AND PETITION,
6 PROVIDED THAT IF SERVICE IS NOT MADE UPON A DEFENDANT WITHIN THE TIME
7 PROVIDED IN THIS SECTION, THE COURT, UPON MOTION, SHALL DISMISS THE
8 ACTION WITHOUT PREJUDICE AS TO THAT DEFENDANT, OR UPON GOOD CAUSE SHOWN
9 OR IN THE INTEREST OF JUSTICE, EXTEND THE TIME FOR SERVICE.
10 S 412. ACCRUAL OF INTEREST.
11 IN ANY ACTION, PETITION, ORDER TO SHOW CAUSE OR OTHER PROCEEDING WHER-
12 EIN INTEREST ACCRUES FROM THE DATE OF THE INCEPTION OF THE ACTION, PETI-
13 TION, ORDER OR PROCEEDING, SAID ENTITLEMENT TO INTEREST SHALL NOT ACCRUE
14 UNTIL SERVICE IS COMPLETED BY THE ACTUAL INDEX NUMBER BEING PROPERLY
15 DEPICTED ON THE SUMMONS AND PROVIDED TO THE PARTY TO BE CHARGED WITH
16 PAYMENT OF INTEREST.
17 S 10. Section 142 of the workers` compensation law is amended by
18 adding a new subdivision 7 to read as follows:
19 7. WHERE THERE HAS BEEN A MOTOR VEHICLE ACCIDENT WHICH CAUSED PERSONAL
20 INJURY AND THERE IS A DISPUTE AS TO WHETHER THE INJURY OCCURRED IN THE
21 COURSE OF EMPLOYMENT, THE WORKERS` COMPENSATION BOARD SHALL, AFTER
22 NOTICE TO THE NO-FAULT CARRIER AND THE WORKERS` COMPENSATION CARRIER,
23 HOLD AN EXPEDITED HEARING ON THE ISSUE OF WHETHER THE ACCIDENT OCCURRED
24 DURING THE COURSE OF EMPLOYMENT.
25 S 11. Subsection (b) of section 5106 of the insurance law is amended
26 and a new subsection (d) is added to read as follows:
27 (b) Every insurer shall provide a claimant with the option of submit-
28 ting any dispute involving the insurer`s liability to pay first party
29 benefits, or additional first party benefits, the amount thereof or any
30 other matter which may arise pursuant to subsection (a) {hereof} OF THIS
31 SECTION to arbitration pursuant to simplified procedures to be promul-
32 gated or approved by the superintendent. SUCH SIMPLIFIED PROCEDURES
33 SHALL INCLUDE AN EXPEDITED ELIGIBILITY HEARING OPTION, WHEN REQUIRED, TO
34 DESIGNATE THE INSURER FOR FIRST PARTY BENEFITS PURSUANT TO SUBSECTION
35 (D) OF THIS SECTION. THE EXPEDITED ELIGIBILITY HEARING OPTION SHALL BE A
36 FORUM FOR ELIGIBILITY DISPUTES ONLY, AND SHALL NOT INCLUDE THE
37 SUBMISSION OF ANY PARTICULAR BILL, PAYMENT OR CLAIM FOR ANY SPECIFIC
38 BENEFIT FOR ADJUDICATION, NOR SHALL IT CONSIDER ANY OTHER DEFENSE TO
39 PAYMENT.
40 (D) WHERE THERE IS REASONABLE BELIEF MORE THAN ONE INSURER WOULD BE
41 THE SOURCE OF FIRST PARTY BENEFITS, THE INSURERS MAY AGREE AMONG THEM-
42 SELVES, IF THERE IS A VALID BASIS THEREFOR, THAT ONE OF THEM WILL ACCEPT
43 AND PAY THE CLAIM INITIALLY. IF THERE IS NO SUCH AGREEMENT, THEN THE
44 FIRST INSURER TO WHOM NOTICE OF CLAIM IS GIVEN SHALL BE RESPONSIBLE FOR
45 PAYMENT. ANY SUCH DISPUTE SHALL BE RESOLVED IN ACCORDANCE WITH THE ARBI-
46 TRATION PROCEDURES ESTABLISHED PURSUANT TO SECTION FIVE THOUSAND ONE
47 HUNDRED FIVE OF THIS ARTICLE AND REGULATION AS PROMULGATED BY THE SUPER-
48 INTENDENT, AND ANY INSURER PAYING FIRST-PARTY BENEFITS SHALL BE REIM-
49 BURSED BY OTHER INSURERS FOR THEIR PROPORTIONATE SHARE OF THE COSTS OF
50 THE CLAIM AND THE ALLOCATED EXPENSES OF PROCESSING THE CLAIM, IN ACCORD-
51 ANCE WITH THE PROVISIONS ENTITLED "OTHER COVERAGE" CONTAINED IN REGU-
52 LATION AND THE PROVISIONS ENTITLED "OTHER SOURCES OF FIRST-PARTY BENE-
53 FITS" CONTAINED IN REGULATION. IF THERE IS NO SUCH INSURER AND THE MOTOR
54 VEHICLE ACCIDENT OCCURS IN THIS STATE, THEN AN APPLICANT WHO IS A QUALI-
55 FIED PERSON AS DEFINED IN ARTICLE FIFTY-TWO OF THIS CHAPTER SHALL INSTI-
A. 7255--B 6
1 TUTE THE CLAIM AGAINST MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPO-
2 RATION.
3 S 12. This act shall take effect on the thirtieth day after it shall
4 have become a law and shall apply to all actions and special proceedings
5 commenced on or after such effective date.
.SO DOC A 7255B *END* BTXT 2005
|
