New York S 9035: Relates to prohibiting a court from denying class certification solely because the action involves governmental operations

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
S09035 Summary:

BILL NOS09035 

&nbsp

SAME ASSAME AS A10335

&nbsp

SPONSORGONZALEZ

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §902, CPLR

&nbsp

Prohibits a court from denying class certification for purposes of class action lawsuits solely because the action involves governmental operations.

Go to top S09035 Actions:

BILL NOS09035 

&nbsp

01/27/2026REFERRED TO JUDICIARY

Go to topS09035 Committee&nbspVotes:

Go to topS09035 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09035 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9035

 IN SENATE

 January 27, 2026
 ___________

 Introduced by Sen. GONZALEZ -- read twice and ordered printed, and when
 printed to be committed to the Committee on Judiciary

 AN ACT to amend the civil practice law and rules, in relation to certif-
 ication of class actions in cases involving governmental operations

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 902 of the civil practice law and rules, as amended
 2 by chapter 474 of the laws of 1975, is amended to read as follows:
 3 § 902. Order allowing class action. Within sixty days after the time
 4 to serve a responsive pleading has expired for all persons named as
 5 defendants in an action brought as a class action, the plaintiff shall
 6 move for an order to determine whether it is to be so maintained. An
 7 order under this section may be conditional, and may be altered or
 8 amended before the decision on the merits on the court's own motion or
 9 on motion of the parties. The action may be maintained as a class
 10 action only if the court finds that the prerequisites under section 901
 11 have been satisfied. Among the matters which the court shall consider
 12 in determining whether the action may proceed as a class action are:
 13 1. the interest of members of the class in individually controlling
 14 the prosecution or defense of separate actions;
 15 2. the impracticability or inefficiency of prosecuting or defending
 16 separate actions;
 17 3. the extent and nature of any litigation concerning the controversy
 18 already commenced by or against members of the class;
 19 4. the desirability or undesirability of concentrating the litigation
 20 of the claim in the particular forum;
 21 5. the difficulties likely to be encountered in the management of a
 22 class action.
 23 However, a court shall not deny or withhold class certification solely
 24 because the action involves governmental operations.
 25 § 2. This act shall take effect immediately.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03313-02-6

Go to top 

• 

 Sitemap 

 Request Information 

 Directions and Maps