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Assembly Bill A8852B

2017-2018 Legislative Session

Requires all actions for personal injury or wrongful death to include a general prayer for relief

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Bill Amendments

2017-A8852 - Details

See Senate Version of this Bill:
S8918
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R305 & §3017, CPLR; amd §50-e, Gen Muni L
Versions Introduced in 2019-2020 Legislative Session:
A7973, S1887

2017-A8852 - Summary

Requires the summons with notice in a cause of action for personal injury or wrongful death to include a prayer for general relief.

2017-A8852 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8852
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 22, 2017
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to requir-
   ing the summons with notice in a personal injury  or  wrongful  death,
   cause of action to include a prayer for general relief

   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 injury or wrongful death actions. In an action to recover
 damages for personal injuries or wrongful death, the complaint,  SUMMONS
 WITH  NOTICE,  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
 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 personal injuries or wrongful death is brought,  may
 at  any  time  request  a  supplemental  demand  setting forth the total
 damages to which the pleader  deems  himself  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.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law, and shall apply to actions commenced on or after such
 date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

2017-A8852A - Details

See Senate Version of this Bill:
S8918
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R305 & §3017, CPLR; amd §50-e, Gen Muni L
Versions Introduced in 2019-2020 Legislative Session:
A7973, S1887

2017-A8852A - Summary

Requires the summons with notice in a cause of action for personal injury or wrongful death to include a prayer for general relief.

2017-A8852A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8852--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 22, 2017
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Judiciary -- recommitted to the Committee on Judiciary in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend the civil practice law and rules, in relation to requir-
   ing all personal injury or wrongful death causes of action to  include
   a  prayer  for general relief; and to amend the general municipal law,
   in relation to exempting notices of claim from such requirement
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision (b) of rule 305 of the civil practice law and
 rules, as amended by chapter 528 of the laws of 1978, is amended to read
 as follows:
   (b) Summons and notice.   If the complaint  is  not  served  with  the
 summons,  the  summons  shall  contain or have attached thereto a notice
 stating the nature of the action and the relief sought[,] and, except in
 [an action for medical  malpractice]  ACTIONS  FOR  PERSONAL  INJURY  OR
 WRONGFUL DEATH, the sum of money for which judgment may be taken in case
 of default.
   §  2.  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 injury or wrongful death actions. In an action to recover
 damages for personal injuries or wrongful death, the complaint,  SUMMONS
 WITH  NOTICE,  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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

2017-A8852B (ACTIVE) - Details

See Senate Version of this Bill:
S8918
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R305 & §3017, CPLR; amd §50-e, Gen Muni L
Versions Introduced in 2019-2020 Legislative Session:
A7973, S1887

2017-A8852B (ACTIVE) - Summary

Requires the summons with notice in a cause of action for personal injury or wrongful death to include a prayer for general relief.

2017-A8852B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8852--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 22, 2017
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Judiciary -- recommitted to the Committee on Judiciary in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- again reported from said  committee  with  amendments,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the civil practice law and rules, in relation to requir-
   ing  all personal injury or wrongful death causes of action to include
   a prayer for general relief; and to amend the general  municipal  law,
   in relation to exempting notices of claim from such requirement
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (b) of rule 305 of the civil practice  law  and
 rules, as amended by chapter 528 of the laws of 1978, is amended to read
 as follows:
   (b)  Summons  and  notice.    If  the complaint is not served with the
 summons, the summons shall contain or have  attached  thereto  a  notice
 stating the nature of the action and the relief sought[,] and, except in
 [an  action  for  medical  malpractice]  ACTIONS  FOR PERSONAL INJURY OR
 WRONGFUL DEATH, the sum of money for which judgment may be taken in case
 of default.
   § 2. 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 injury or wrongful death actions. In an action to recover
 damages  for personal injuries or wrongful death, the complaint, SUMMONS
 WITH NOTICE,  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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