New York S 10076: Authorizes a discontinuance without an order in actions where an unrepresented party has not responded to a request for a stipulation

Bill Text

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S10076 Summary:

BILL NOS10076 

&nbsp

SAME ASSAME AS A10408

&nbsp

SPONSORMYRIE

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd R3217, CPLR

&nbsp

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.

Go to top S10076 Actions:

BILL NOS10076 

&nbsp

04/27/2026REFERRED TO PROCUREMENT AND CONTRACTS

Go to topS10076 Committee&nbspVotes:

Go to topS10076 Floor&nbspVotes:

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

Go to topS10076 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10076

 IN SENATE

 April 27, 2026
 ___________

 Introduced by Sen. MYRIE -- read twice and ordered printed, and when
 printed to be committed to the Committee on Procurement and Contracts

 AN ACT to amend the civil practice law and rules, in relation to author-
 izing a discontinuance without an order in actions where an unrepre-
 sented party has not responded to a request for a stipulation

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

 1 Section 1. Paragraph 3 of subdivision (a) of rule 3217 of the civil
 2 practice law and rules, as amended by chapter 278 of the laws of 1999,
 3 is amended and a new paragraph 4 is added to read as follows:
 4 3. by filing with the clerk of the court before the case has been
 5 submitted to the court or jury a certificate or notice of discontinuance
 6 stating that any parcel of land which is the subject matter of the
 7 action is to be excluded pursuant to title three of article eleven of
 8 the real property tax law[.]; or
 9 4. where a defendant not appearing by attorney has served a responsive
 10 pleading, by filing with the clerk of the court a stipulation in writing
 11 signed by the attorney of record for all parties appearing by attorney
 12 and all defendants not appearing by attorney, provided that no party is
 13 an infant, incompetent person for whom a committee has been appointed or
 14 conservatee and no person who is not a party has an interest in the
 15 subject matter of the action. Notwithstanding the foregoing, in an
 16 action in which a defendant not appearing by attorney has served a
 17 responsive pleading but has interposed no counterclaim, cross-claim or
 18 third-party claim, a stipulation discontinuing an action as against such
 19 defendant may be filed without the signature of that defendant provided
 20 that the discontinuance shall be with prejudice as to the claims discon-
 21 tinued, and further provided that the party filing such stipulation
 22 files an affirmation demonstrating that sixty days have elapsed since
 23 the stipulation was mailed to that defendant by first-class mail and no
 24 reply was received from that defendant.
 25 § 2. This act shall take effect on the sixtieth day after it shall
 26 have become a law.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14390-01-6

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