Assembly Bill A7060

2019-2020 Legislative Session

Relates to the "Truth Court Act"

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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2019-A7060 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3017, CPLR

2019-A7060 (ACTIVE) - Summary

Allows for libel actions to be brought without a demand for relief.

2019-A7060 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7060
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 4, 2019
                                ___________
 
 Introduced  by M. of A. BURKE -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the civil practice law and rules,  in  relation  to  the
   "Truth Court Act"
 
   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 and may  be  cited  as  the  "Truth
 Court Act".
   §  2.    Subdivision (a) of section 3017 of the civil practice law and
 rules, as amended by chapter 694 of the laws of 2003, is amended  and  a
 new subdivision (d) is added to read as follows:
   (a)  Generally. Except as otherwise provided in [subdivision] SUBDIVI-
 SIONS (c) AND (D) of this section, every complaint, counterclaim, cross-
 claim, interpleader complaint, and third-party complaint shall contain a
 demand for the relief to  which  the  pleader  deems  himself  entitled.
 Relief in the alternative or of several different types may be demanded.
 Except  as  provided  in  section  3215, the court may grant any type of
 relief within its jurisdiction appropriate to the proof whether  or  not
 demanded, imposing such terms as may be just.
   (D)  LIBEL  ACTIONS. IN AN ACTION FOR ONLY LIBEL, THE COMPLAINT IS NOT
 REQUIRED TO CONTAIN A DEMAND FOR RELIEF. SUCH  ACTIONS  WHERE  NO  PARTY
 MAKES  A  DEMAND  FOR  RELIEF AS AUTHORIZED UNDER THIS SUBDIVISION SHALL
 PROCEED AS IF A DEMAND FOR RELIEF WAS PLEAD EXCEPT THAT NO RELIEF  SHALL
 BE  GRANTED  IN  SUCH  AN ACTION AND NO PARTY SHALL FILE A COUNTERCLAIM,
 CROSS-CLAIM, INTERPLEADER COMPLAINT, OR THIRD-PARTY  COMPLAINT  IN  SUCH
 ACTION WHICH CONTAINS A DEMAND FOR RELIEF.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10567-02-9

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