Modernize the Administration of Class Actions in NY | 2023 NYS Legislative Agenda

The City Bar supports amending Article 9 of the Civil Practice Law and Rules to reform and modernize the administration of class actions in New York’s courts. In 1975, New York enacted its current Article 9 for class actions, and the statute has not been materially changed since. Generally, the amendments would: (1) permit class certification for actions demanding a statutory penalty or minimum measure of recovery; (2) amend language which disfavors class actions against governmental entities; (3) adopt language stating that motions for class certification be made “at an early practicable time” rather than within 60-days of a responsive pleading; (4) provide guidance with specified factors to be considered in appointing class counsel; and (5) provide a more flexible notice provision concerning discontinuance, dismissal or compromise of the class action. *City Bar Proposal*