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Bill > A06330


NY A06330

NY A06330
Authorizes renewals in certain instances by an aggrieved party to the court of appeals based on a subsequent change in law.


summary

Introduced
03/04/2025
In Committee
03/04/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the civil practice law and rules, in relation to renewals based on a subsequent change in law

AI Summary

This bill creates a new legal mechanism within the New York Civil Practice Law and Rules that allows parties to file a motion to renew a case with the Court of Appeals when a subsequent legislative enactment appears to contradict a previous court decision. Specifically, a party can file such a motion if the original case is not yet finally determined, and a new law seems to conflict with the court's previous ruling. If the Court of Appeals finds substantial merit to the motion, it must allow full briefing and oral argument focused on whether the court should change its original decision based on the new legislative intent. The bill also importantly allows the court to consider legal questions that were previously considered unpreserved or not reached in the original decision. There is a time limitation on filing such motions: they must be submitted within 90 days of either the new law's enactment or the effective date of this section, whichever is later. This provision provides a novel pathway for parties to seek reconsideration of a court decision when the legislature has subsequently clarified or changed the applicable law.

Committee Categories

Justice

Sponsors (3)

Last Action

referred to judiciary (on 03/04/2025)

bill text


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