Assembly Bill A11196

2009-2010 Legislative Session

Relates to bills as prima facie proof of damages

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2009-A11196 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R4533-a, CPLR
Versions Introduced in Other Legislative Sessions:
2011-2012: A2627
2013-2014: A911
2015-2016: A3519
2017-2018: A5351
2019-2020: A4512

2009-A11196 (ACTIVE) - Summary

Provides that itemized bills or invoices, receipted or marked paid, for services, supplies or repairs of an amount not in excess of ten thousand dollars are admissible in evidence and are prima facie evidence of the reasonable value and necessity of such services, supplies or repairs itemized therein in any civil action.

2009-A11196 (ACTIVE) - Bill Text download pdf

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

                                  11196

                          I N  A S S E M B L Y

                              May 25, 2010
                               ___________

Introduced  by  M.  of  A.  D. WEPRIN  --  read once and referred to the
  Committee on Judiciary

AN ACT to amend the civil practice law and rules, in relation  to  bills
  as prima facie proof of damages

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

  Section 1. Rule 4533-a of the civil practice law and rules, as amended
by chapter 249 of the laws of 1988, is amended to read as follows:
  Rule 4533-a. [Prima] BILLS AS PRIMA facie proof of damages. [An  item-
ized bill] (A) ITEMIZED BILLS or [invoice] INVOICES, receipted or marked
paid,  for  services,  SUPPLIES or repairs of an amount not in excess of
[two] TEN thousand dollars [is] ARE admissible in evidence and [is]  ARE
prima  facie  evidence  of  the  reasonable  value and necessity of such
services, SUPPLIES or repairs  itemized  therein  in  any  civil  action
provided  [it]  ANY  SUCH  BILL  OR INVOICE bears a certification by the
person, firm or corporation, or an authorized agent or employee thereof,
[rendering] FURNISHING such services OR SUPPLIES or making such  repairs
and  charging  for  the  same, and contains a verified statement that no
part of the payment received therefor will be refunded  to  the  debtor,
and  that the amounts itemized therein are the usual and customary rates
charged for such services, SUPPLIES or repairs by  the  affiant  or  his
employer; and provided further that a true copy of such itemized bill or
invoice  together  with  a notice of intention to introduce such bill or
invoice into evidence pursuant to this rule is served upon each party at
least ten days before the trial. No more than [one bill]  TWO  BILLS  or
[invoice] INVOICES from the same person, firm or corporation to the same
debtor  shall  be  admissible  in  evidence  under this rule in the same
action, THE SECOND BILL TO BE ONLY FOR  SERVICES,  SUPPLIES  OR  REPAIRS
WHICH  PERTAIN  TO  SUCH  CLAIM, SUPPLEMENTAL TO THE FIRST BILL FROM THE
SAME PROVIDER, AND PROVIDING THAT THE SUM OF BOTH BILLS DOES NOT  EXCEED
TEN  THOUSAND  DOLLARS.    THIS  SUBDIVISION  SHALL  NOT APPLY TO BILLS,
INVOICES, SERVICES, OR SUPPLIES IN PROCEEDINGS BROUGHT PURSUANT TO ARTI-
CLE FIFTY-ONE OF THE INSURANCE LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09269-04-9
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.