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Assembly Bill A10363

2017-2018 Legislative Session

Relates to the permitted submissions in a default judgment

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Archive: Last Bill Status - In Assembly Committee

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2017-A10363 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3215, CPLR
Versions Introduced in 2019-2020 Legislative Session:
A7600

2017-A10363 (ACTIVE) - Summary

Relates to the permitted submissions in a default judgment, permitting the party entitled to judgment to submit additional proof of damages.

2017-A10363 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10363
 
                           I N  A S S E M B L Y
 
                              April 17, 2018
                                ___________
 
 Introduced  by  M. of A. ABINANTI, DINOWITZ -- (at request of the Office
   of Court Administration) -- read once and referred to the Committee on
   Judiciary
 
 AN ACT to amend the civil practice law and rules,  in  relation  to  the
   permitted submissions in a default judgment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision (b) of section 3215 of the civil  practice  law
 and  rules, as amended by chapter 749 of the laws of 1965, is amended to
 read as follows:
   (b) Procedure before court. The court, with or  without  a  jury,  may
 make  an  assessment or take an account or proof, or may direct a refer-
 ence. THE PARTY ENTITLED TO JUDGMENT MAY  BE  PERMITTED  TO  SUBMIT,  IN
 ADDITION TO THE PROOF REQUIRED BY SUBDIVISION (F) OF THIS SECTION, PROP-
 ERLY  EXECUTED  AFFIDAVITS OR AFFIRMATIONS AS PROOF OF DAMAGES, PROVIDED
 THAT IF THE DEFAULTING PARTY GIVES REASONABLE NOTICE THAT IT WILL APPEAR
 AT THE INQUEST, THE PARTY SEEKING DAMAGES MAY SUBMIT ANY SUCH  PROOF  BY
 ORAL  TESTIMONY  OF THE WITNESSES IN OPEN COURT OR, AFTER GIVING REASON-
 ABLE NOTICE THAT IT WILL DO SO,  BY  WRITTEN  SWORN  STATEMENTS  OF  THE
 WITNESSES,  BUT SHALL MAKE ALL SUCH WITNESSES AVAILABLE FOR CROSS-EXAMI-
 NATION. When a reference is directed, the  court  may  direct  that  the
 report  be  returned to it for further action or, except where otherwise
 prescribed by law, that judgment be entered by the clerk  in  accordance
 with the report without any further application. Except in a matrimonial
 action, no finding of fact in writing shall be necessary to the entry of
 a judgment on default. The judgment shall not exceed in amount or differ
 in  type  from  that  demanded  in the complaint or stated in the notice
 served pursuant to subdivision (b) of rule 305 OF THIS CHAPTER.
   § 2. This act shall take effect immediately.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14646-01-8

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