Senate Bill S8918

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-S8918 (ACTIVE) - Details

See Assembly Version of this Bill:
A8852
Current Committee:
Senate Rules
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:
S1887, A7973

2017-S8918 (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-S8918 (ACTIVE) - Sponsor Memo

2017-S8918 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8918
 
                             I N  S E N A T E
 
                               June 4, 2018
                                ___________
 
 Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
 exceeds the jurisdictional limits of all lower courts which would other-
 wise  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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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