senate Bill S1887

2019-2020 Legislative Session

Requires all actions for personal injury or wrongful death to include a general prayer for relief

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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

Votes

view votes

Feb 27, 2019 - Judiciary committee Vote

S1887
14
0
committee
14
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Judiciary committee vote details

Judiciary Committee Vote: Feb 27, 2019

aye wr (1)

S1887 (ACTIVE) - Details

See Assembly Version of this Bill:
A7973
Current Committee:
Senate Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R305 & §3017, CPLR; amd §50-e, Gen Muni L
Versions Introduced in 2017-2018 Legislative Session:
S8918, A8852

S1887 (ACTIVE) - Summary

Requires the summons with notice in a cause of action for personal injury or wrongful death to include a prayer for general relief.

S1887 (ACTIVE) - Sponsor Memo

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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.