Assembly Bill A7526

2019-2020 Legislative Session

Relates to the content of a summons with notice in certain actions

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S5574 - On Floor Calendar

  • 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-A7526 (ACTIVE) - Details

See Senate Version of this Bill:
S5574
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R305, §3017, CPLR

2019-A7526 (ACTIVE) - Summary

Relates to the content of a summons with notice in certain actions.

2019-A7526 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7526
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2019
                                ___________
 
 Introduced  by M. of A. LAVINE, 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 the
   content of a summons with notice in certain actions

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

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