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Senate Bill S1317

2009-2010 Legislative Session

Makes prayer for damages in negligence action general rather than specific

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-S1317 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง3017, CPLR
Versions Introduced in 2011-2012 Legislative Session:
S2116

2009-S1317 (ACTIVE) - Summary

Provides that the amount of damages sought in a negligence cause of action shall not be stated in the complaint, cross claim, interpleader complaint and third-party complaint; provides that the party against whom such action is brought may, at any time, request a supplemental demand which states the total damages sought by the pleader.

2009-S1317 (ACTIVE) - Sponsor Memo

2009-S1317 (ACTIVE) - Bill Text download pdf 

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

                                  1317

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

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

AN ACT to amend the civil practice law and rules, in relation to  prayer
  for damages in negligence actions

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

  Section 1. Subdivision (c) of section 3017 of the civil  practice  law
and  rules, as amended by chapter 694 of the laws of 2003, is amended to
read as follows:
  (c) [Personal]  NEGLIGENCE, PERSONAL injury or wrongful death actions.
In an action to recover damages for  NEGLIGENCE,  personal  injuries  or
wrongful  death,  the complaint, counterclaim, cross-claim, interpleader
complaint, and third-party complaint shall contain a prayer for  general
relief  but  shall  not state the amount of damages to which the pleader
deems himself OR HERSELF entitled. If  the  action  is  brought  in  the
supreme  court,  the pleading shall also state whether or not the amount
of damages sought exceeds the jurisdictional limits of all lower  courts
which would otherwise have jurisdiction. Provided, however, that a party
against whom an action to recover damages for NEGLIGENCE, personal inju-
ries  or  wrongful  death  is brought, may at any time request a supple-
mental demand setting forth the total damages to which the pleader deems
himself  OR HERSELF entitled. A supplemental demand shall be provided by
the party bringing the action within fifteen days of the request. In the
event the supplemental demand is not served  within  fifteen  days,  the
court,  on  motion,  may order that it be served.  A supplemental demand
served pursuant to this subdivision shall be treated in all respects  as
a demand made pursuant to subdivision (a) of this section.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06490-01-9

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