Effective September 8, 2005 (30 days from when Governor Pataki signed the bill), chapter 452 (see bill here: Download SCAN_35301006_000.pdf ) will go into effect, amending the New York City Civil Court Act, the Uniform District Court Act and the Uniform City Court Act, in relation to the method of commencing and filing a lawsuit.
Under chapter 452, the New York City Civil Court Act, the Uniform District Court Act and the Uniform City Court Act are amended to provide that an action is commenced by filing a summons and complaint, and a special proceeding is commenced by filing a notice of petition and petition (or order to show cause and petition). New York’s Insurance Law (sec. 5106(d)) and Workers’ Compensation Law (sec. 142(7)) are also amended to provide expedited forum on whether an accident occur ed during the course of employment (Workers’ Compensation Law) and an expedited eligibility hearing in a multi-carrier situation, to designate the insurer for first party benefits.