Assembly Bill A7600

Signed By Governor
2019-2020 Legislative Session

Relates to the permitted submissions in a default judgment

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • 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-A7600 (ACTIVE) - Details

See Senate Version of this Bill:
S6471
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3215, CPLR
Versions Introduced in 2017-2018 Legislative Session:
A10363

2019-A7600 (ACTIVE) - Summary

Relates to the permitted submissions in a default judgment, permitting the party entitled to judgment to submit additional proof of damages.

2019-A7600 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7600
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 13, 2019
                                ___________
 
 Introduced  by  M. of A. ABINANTI, 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
   permitted submissions in a default judgment

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (b) of section 3215 of the civil  practice  law
 and  rules, as amended by chapter 749 of the laws of 1965, is amended to
 read as follows:
   (b) Procedure before court. The court, with or  without  a  jury,  may
 make  an  assessment or take an account or proof, or may direct a refer-
 ence. THE PARTY ENTITLED TO JUDGMENT MAY  BE  PERMITTED  TO  SUBMIT,  IN
 ADDITION TO THE PROOF REQUIRED BY SUBDIVISION (F) OF THIS SECTION, PROP-
 ERLY  EXECUTED  AFFIDAVITS OR AFFIRMATIONS AS PROOF OF DAMAGES, PROVIDED
 THAT IF THE DEFAULTING PARTY GIVES REASONABLE NOTICE THAT IT WILL APPEAR
 AT THE INQUEST, THE PARTY SEEKING DAMAGES MAY SUBMIT ANY SUCH  PROOF  BY
 ORAL  TESTIMONY  OF THE WITNESSES IN OPEN COURT OR, AFTER GIVING REASON-
 ABLE NOTICE THAT IT WILL DO SO,  BY  WRITTEN  SWORN  STATEMENTS  OF  THE
 WITNESSES,  BUT SHALL MAKE ALL SUCH WITNESSES AVAILABLE FOR CROSS-EXAMI-
 NATION. When a reference is directed, the  court  may  direct  that  the
 report  be  returned to it for further action or, except where otherwise
 prescribed by law, that judgment be entered by the clerk  in  accordance
 with the report without any further application. Except in a matrimonial
 action, no finding of fact in writing shall be necessary to the entry of
 a judgment on default. The judgment shall not exceed in amount or differ
 in  type  from  that  demanded  in the complaint or stated in the notice
 served pursuant to subdivision (b) of rule 305 OF THIS CHAPTER.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11642-01-9

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