Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 04, 2018 |
referred to rules |
Senate Bill S8918
2017-2018 Legislative Session
Sponsored By
(R, C) 58th Senate District
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
Actions
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) - Sponsor Memo
BILL NUMBER: S8918 SPONSOR: O'MARA TITLE OF BILL: An act to amend the civil practice law and rules, in relation to requiring 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 PURPOSE OR GENERAL IDEA OF BILL: To amend sections 305 (b) and 3017 of the civil practice law and rules, as well as a conforming change to section 50-e of the general municipal law, to prohibit the inclusion in a summons with notice of a prayer for specific monetary relief in actions for personal injury or wrongful death. SUMMARY OF PROVISIONS: Section 1 of this bill amends subdivision b of rule 305 of the civil practice law and rules, regarding the inclusion in a summons with notice
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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