Senate Bill S7517

2023-2024 Legislative Session

Provides for the admissibility in evidence of certain itemized bills or invoices for services or repairs not in excess of five thousand dollars as prima facie proof of damages

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Judiciary 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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2023-S7517 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R4533-a, CPLR

2023-S7517 (ACTIVE) - Summary

Provides that an itemized bill or invoice, receipted or marked paid, for services or repairs of an amount not in excess of five thousand dollars is admissible in evidence and is prima facie evidence of the reasonable value and necessity of such services or repairs itemized therein in a civil action if accompanied by proper certification from the person rendering such services or making such repairs.

2023-S7517 (ACTIVE) - Sponsor Memo

2023-S7517 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7517
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               June 2, 2023
                                ___________
 
 Introduced  by  Sen.  SEPULVEDA  --  (at  request of the Office of Court
   Administration) -- read twice and ordered printed, and when printed to
   be committed to the Committee on Rules
 
 AN ACT to amend the civil practice law and rules, in relation to provid-
   ing for the admissibility in evidence of  certain  itemized  bills  or
   invoices  for  services  or  repairs  not  in  excess of five thousand
   dollars as prima facie proof of damages
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Rule  4533-a  of  the  civil practice law and rules, as
 amended by chapter 249 of the laws  of  1988,  is  amended  to  read  as
 follows:
   Rule  4533-a.  Prima  facie  proof  of  damages.  An  itemized bill or
 invoice, receipted or marked paid, for services or repairs of an  amount
 not  in  excess of [two] FIVE thousand dollars is admissible in evidence
 and is prima facie evidence of the reasonable  value  and  necessity  of
 such  services  or repairs itemized therein in any civil action provided
 it bears a certification by the  person,  firm  or  corporation,  or  an
 authorized  agent or employee thereof, rendering such services or making
 such repairs and charging for the same, and contains a  verified  state-
 ment  that  no part of the payment received therefor will be refunded to
 the debtor, and that the amounts itemized  therein  are  the  usual  and
 customary  rates  charged for such services or repairs by the affiant or
 his OR HER employer; and provided further that a true copy of such item-
 ized bill or invoice together with a notice of  intention  to  introduce
 such  bill or invoice into evidence pursuant to this rule is served upon
 each party at least ten days before the trial. No more than one bill  or
 invoice  from  the  same  person, firm or corporation to the same debtor
 shall be admissible in evidence under this rule in the same action.
   § 2.  This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03468-01-3

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