Loading chat...

NY A10408

Bill

Official Source

Status

Introduced

3/3/2026

Primary Sponsor

Jennifer Lunsford

Click for details

Origin

Assembly

2025-2026 General Assembly

AI Summary

  • Amends New York Civil Practice Law and Rules (CPLR) Rule 3217 to add a new method for discontinuing lawsuits without a court order
  • Allows a party to discontinue an action against an unrepresented defendant (pro se litigant) who has filed a response but no counterclaim, cross-claim, or third-party claim
  • Requires the filing party to mail a stipulation of discontinuance to the unrepresented defendant and wait 60 days with no response before filing
  • Discontinuance under this provision is "with prejudice," meaning the same claims cannot be refiled against that defendant
  • Takes effect 60 days after becoming law

Legislative Description

Allows a party asserting a claim to discontinue an action without procedural delays when the discontinuance would benefit an unrepresented party and that party has not responded to a request to stipulate to a discontinuance in a reasonable period of time.

Last Action

referred to judiciary

3/3/2026

Committee Referrals

Judiciary3/3/2026

Full Bill Text

No bill text available