|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2020||referred to judiciary|
|Jun 20, 2019||committed to rules|
|Mar 04, 2019||advanced to third reading|
|Feb 28, 2019||2nd report cal.|
|Feb 27, 2019||1st report cal.185|
|Jan 17, 2019||referred to judiciary|
senate Bill S1887
Current Bill Status - In Senate Committee Judiciary Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1887 (ACTIVE) - Details
S1887 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1887 SPONSOR: O'MARA TITLE OF BILL: An act to amend the civil practice law and rules, in relation to requir- ing all personal injury or wrongful death causes of action to include a prayer for general relief; and to amend the general municipal law, in relation to exempting notices of claim from such requirement PURPOSE OR GENERAL IDEA OF BILL: To amend sections 305 (b) and 3017 of the civil practice law and rules, as well as a conforming change to section 50-e of the general municipal law, to prohibit the inclusion in a summons with notice of a prayer for specific monetary relief in actions for personal injury or wrongful death. SUMMARY OF PROVISIONS: Section 1 of this bill amends subdivision b of rule 305 of the civil
S1887 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1887 2019-2020 Regular Sessions I N S E N A T E January 17, 2019 ___________ Introduced by Sen. O'MARA -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to requir- ing all personal injury or wrongful death causes of action to include a prayer for general relief; and to amend the general municipal law, in relation to exempting notices of claim from such requirement 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] ACTIONS FOR 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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