|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Mar 08, 2011||committee discharged and committed to judiciary|
|Jan 18, 2011||referred to codes|
senate Bill S2116
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2116 (ACTIVE) - Details
S2116 (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.
S2116 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2116 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to prayer for damages in negligence actions SUMMARY: This bill would amend CPLR 3017 to prohibit the pleader in negligence actions from stating a specific amount of damages to which he deems himself entitled. It would, however, permit the party against whom a negligence action is brought to obtain such information. JUSTIFICATION: In 1975, the legislature added a new subdivision (c) to section 3017 of the CPLR to prohibit the pleader in medical malpractice actions from stating the amount of relief to which he deems himself entitled, but, permitting the party against whom an action is brought to obtain such information. At that time, this restriction was enacted in an attempt to reduce many of the abuses of the medical malpractice system, such as as excessive damage awards. Because plantiffs frequently made emotional and unrealistic demands in their complaints, juries and courts frequently entered excessive awards. A similar problem exists today regarding negligence actions. This bill, by extending
S2116 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2116 2011-2012 Regular Sessions I N S E N A T E January 18, 2011 ___________ 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. LBD06677-01-1
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