assembly Bill A7445

2017-2018 Legislative Session

Relates to contracts in small print, procedural reciprocity for arbitration agreements in consumer transactions and consumer arbitration

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Current Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 18, 2017 advanced to third reading cal.467
May 16, 2017 reported
May 09, 2017 reported referred to codes
Apr 25, 2017 referred to judiciary

Co-Sponsors

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Multi-Sponsors

A7445 - Details

See Senate Version of this Bill:
S6484
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §7501, add §7515, CPLR; add §5-336, amd §5-702, Gen Ob L; amd §94-a, Exec L; add §2801-h, Pub Health L

A7445 - Summary

Relates to contracts in small print, procedural reciprocity for arbitration agreements in consumer transactions and consumer arbitration; relates to the prohibition of certain and wrongful death claims; relates to powers and duties of the consumer protection division and contracts of adhesion; relates to protecting against certain contracts of adhesion in the provision of health care.

A7445 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7445

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                             April 25, 2017
                               ___________

Introduced  by  M.  of  A.  TITONE, WEINSTEIN, KAVANAGH, 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
  contracts in  small  print,  procedural  reciprocity  for  arbitration
  agreements in consumer transactions and consumer arbitration; to amend
  the general obligations law, in relation to the prohibition of certain
  contractual agreements to arbitrate personal injury and wrongful death
  claims;  to  amend the executive law, in relation to powers and duties
  of the consumer protection division and contracts of adhesion; and  to
  amend the public health law, in relation to protecting against certain
  contracts of adhesion in the provision of health care

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known as the access  to  justice  act  of
2017:  remedying  injustices arising out of contracts of adhesion in the
context of consumer contracts.
  S 2. Legislative intent. The legislature finds that it is  the  public
policy  of  this  state to ensure access to justice for all New Yorkers.
The unified court system in this state  supports  and  encourages  arbi-
tration in the civil practice context and arbitration is one of a varie-
ty  of  alternative  dispute resolution tools which help parties resolve
disputes without a trial.  Arbitration has proven to be most  successful
when  agreed  to between parties of equal bargaining power as part of an
arm's length agreement. A vital component of access  to  justice  is  to
preserve,  when  possible,  the  ability of New Yorkers to choose either
arbitration or litigation when seeking a remedy if an injury or  dispute
has  occurred.  When  an arbitration clause is foisted upon a party to a
contract, that choice is precluded; thus access to justice may be denied
at the very commencement of the parties' relationship.  The  legislature
further finds that the prevalence of arbitration agreements in contracts

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09878-01-7

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