Committee Reports

Report on legislation providing time frames within which service by mailing must be made both within and without the state

SUMMARY

The State Courts of Superior Jurisdiction Committee expressed support for State legislation which would amend CPLR 2103 to permit service upon an attorney from outside the state by regular mail. Previously, CPLR 2103(b)(6) permitted service upon an attorney by overnight delivery and the Committee notes that it does not perceive any legal or practical distinction between service by overnight mail and service by regular delivery, and therefore service by overnight delivery should be permissible. 

BILL INFORMATION

A.6264 (AM Simotas) / S.4845 (Sen. Bonacic) – would amend Section 3113 of the CPLR to provide that a non-party deponent’s counsel may participate in the deposition and make objections on behalf of his or her client in the same manner as counsel for a party (NYS 2015)

OUTCOME

Signed by the Governor, Chp. 572 – December 22, 2015