senate Bill S6126

Relates to periodic payment of judgments in wrongful death actions

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 08 / Jan / 2014
    • REFERRED TO JUDICIARY

Summary

Relates to periodic payment of judgments in wrongful death actions.

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Bill Details

Versions:
S6126
Legislative Cycle:
2013-2014
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R4111, CPLR

Sponsor Memo

BILL NUMBER:S6126

TITLE OF BILL: An act to amend the civil practice law and rules, in
relation to periodic payment of judgments in wrongful death actions

PURPOSE: This bill relates to periodic payment of judgments in
wrongful death actions consistent with the 2003 wrongful death
statute.

SUMMARY OF PROVISIONS:

Section 1 - Amends subdivision (e) of rule 4111 of the civil practice
law and rules, as amended by section 5 of part F of chapter 494 of the
laws of 2009.

Section 2 - Effective date.

JUSTIFICATION: This legislation is sought as a "clean-up" of the 2003
wrongful death statute bill to eliminate a requirement for unnecessary
paperwork and which will also result in court administration savings.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS:

EFFECTIVE DATE: This act shall take effect immediately; and shall
apply to all wrongful death actions commenced on or after July 26,
2003.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6126

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- 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 period-
  ic payment of judgments in wrongful death actions

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision (e) of rule 4111 of the civil practice law and
rules, as amended by section 5 of part F of chapter 494 of the  laws  of
2009, is amended to read as follows:
  (e)  Itemized  verdict  in  certain  actions.  In an action brought to
recover damages for personal injury,  injury  to  property  or  wrongful
death,  which  is not subject to subdivision (d) of this rule, the court
shall instruct the jury that  if  the  jury  finds  a  verdict  awarding
damages,  it  shall  in  its  verdict specify the applicable elements of
special and general damages upon which the award is based and the amount
assigned  to  each  element  including,  but  not  limited  to,  medical
expenses, dental expenses, loss of earnings, impairment of earning abil-
ity, and pain and suffering. Each element shall be further itemized into
amounts intended to compensate for damages that have been incurred prior
to  the  verdict  and  amounts  intended to compensate for damages to be
incurred in the future. In itemizing amounts intended to compensate  for
future  damages OTHER THAN IN WRONGFUL DEATH ACTIONS, the jury shall set
forth the period of years  over  which  such  amounts  are  intended  to
provide  compensation. In actions in which article fifty-A or fifty-B of
this chapter applies, in computing  said  damages,  the  jury  shall  be
instructed  to  award  the full amount of future damages, as calculated,
without reduction to present value.
  S 2. This act shall take effect immediately; and shall  apply  to  all
wrongful death actions commenced on or after July 26, 2003.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11990-01-3

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