|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 06, 2010||referred to codes|
|Feb 27, 2009||referred to codes|
senate Bill S2723
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2723 (ACTIVE) - Details
- See Assembly Version of this Bill:
- Current Committee:
- Senate Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §§3012-a, 3101, 5031 & 5041, add Art 50-C §§5051 & 5052, CPLR; amd §474-a, Judy L
- Versions Introduced in Other Legislative Sessions:
S2723 (ACTIVE) - Summary
Requires a certificate of merit in actions for damages, contribution or indemnity arising out of alleged negligence of a professional licensed pursuant to the education law; establishes a party in an action for medical, dental or podiatric malpractice may not omit the name of certain experts in responding to a request; limits judgments for past and future damages in an action to recover damages for dental, medical or podiatric malpractice; limits compensation for noneconomic damages suffered by an injured plaintiff in any personal injury action to $250,000.
S2723 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2723 TITLE OF BILL : An act to amend the civil practice law and rules and the judiciary law, in relation to dental, medical and podiatric malpractice actions and to establishing a limitation on noneconomic damages in personal injury actions SUMMARY OF PROVISIONS : Amends CPLR 3012-a to provide that a complaint in a malpractice or negligence action involving a defined professional must be accompanied by a certificate of merit of an attorney and that at least one such professional has been consulted and provided an affidavit in certain cases, and that the attorney has concluded that there is a reasonable basis for the action. If the attorney is unable to timely procure such a consultation because of the running of the statute of limitations or after three good faith attempts to do so, this must be stated. Where the attorney intends to rely solely upon the doctrine of "res ipsa loquitur," this section is not applicable. Amends section 3101 of the CPLR in regard to certain provisions relating to scope of disclosure in expert matters; removes certain restrictions in the existing statute.
S2723 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2723 2009-2010 Regular Sessions I N S E N A T E February 27, 2009 ___________ Introduced by Sens. VOLKER, ALESI, DeFRANCISCO, O. JOHNSON, MORAHAN, PADAVAN, SEWARD -- 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 and the judiciary law, in relation to dental, medical and podiatric malpractice actions and to establishing a limitation on noneconomic damages in personal injury actions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 3012-a of the civil practice law and rules, as amended by chapter 507 of the laws of 1987, is amended to read as follows: S 3012-a. Certificate of merit in medical, dental and podiatric malp- ractice actions AND ACTIONS AGAINST ALL OTHER PROFESSIONALS. (a) In any action for medical, dental or podiatric malpractice, OR IN ANY ACTION FOR DAMAGES, CONTRIBUTION OR INDEMNITY ARISING OUT OF ALLEGED NEGLIGENCE OF A PROFESSIONAL SUBJECT TO THE PROVISIONS OF TITLE VIII OF THE EDUCA- TION LAW, the complaint shall be accompanied by a certificate, executed by the attorney for the plaintiff, OR OTHER PARTY ASSERTING THE CAUSE OF ACTION, declaring that: (1) the attorney has reviewed the facts of the case and has consulted with at least one physician in medical malpractice actions, at least one dentist in dental malpractice actions [or], at least one podiatrist in podiatric malpractice actions, OR AT LEAST ONE PROFESSIONAL IN THE SAME PROFESSION AS THE PERSON OR PERSONS DEFENDANT IN THE SUBJECT SUIT IN OTHER PROFESSIONAL MALPRACTICE OR NEGLIGENCE ACTIONS AND who is licensed to practice in this state or any other state and who the attorney reasonably believes is knowledgeable in the relevant issues involved in the particular action, AND WHO HAS SIGNED AN AFFIDAVIT CONCLUDING THAT THERE IS A REASONABLE BASIS FOR THE COMMENCEMENT OF AN ACTION, SUCH AFFIDAVIT SHALL ACCOMPANY THE CERTIFICATE REQUIRED BY THIS SECTION, and EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00843-01-9
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