|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 03, 2018||ordered to third reading cal.518|
|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|
assembly Bill A7445
Archive: Last Bill Status - On Floor Calendar
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Michael G. Miller
Jo Anne Simon
A7445 (ACTIVE) - Details
- See Senate Version of this Bill:
- 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 (ACTIVE) - 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 (ACTIVE) - 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. § 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.
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