Senate Bill S10035

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10035
 
                             I N  S E N A T E
 
                              April 24, 2026
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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, the general business
   law and the general  obligations  law,  in  relation  to  modernizing,
   improving  fairness,  efficiency,  transparency, and reducing costs in
   civil justice procedures; and to  repeal  certain  provisions  of  the
   civil practice law and rules relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent and findings. The legislature finds that
 substantial and unnecessary costs, delays, and disputes  have  developed
 in  New  York's  civil  justice  system. This act is intended to promote
 fairness, transparency, efficiency, and reduce costs and delays by clar-
 ifying disclosure and discovery procedures, reducing abusive  practices,
 protecting litigants' rights, and modernizing court procedures.
   The legislature finds that substantial and unnecessary motion practice
 has  developed around improper demands for bills of particulars in civil
 litigation. These disputes often burden courts, delay  proceedings,  and
 increase litigation costs for both litigants and the judiciary.
   It  is  the intent of this legislation to codify the permissible scope
 of such demands, itemize  allowable  requests  by  case  type,  prohibit
 improper  and  overbroad demands, reduce motion practice, conserve judi-
 cial resources, promote  uniformity  and  fairness  in  litigation,  and
 streamline  and  expedite litigation in personal injury, wrongful death,
 and medical, dental, and podiatric malpractice cases.
   § 2. Section 214-a of the civil practice law and rules is REPEALED and
 a new section 214-a is added to read as follows:
   §  214-A.  ACTION  FOR  MEDICAL,  DENTAL  OR  PODIATRIC   MALPRACTICE;
 COMMENCEMENT.  AN  ACTION  FOR MEDICAL, DENTAL, OR PODIATRIC MALPRACTICE
 SHALL BE COMMENCED WITHIN TWO YEARS AND  SIX  MONTHS  OF  THE  LATER  OF
 EITHER  (A)  WHEN  THE  CLAIMANT KNEW OR REASONABLY SHOULD HAVE KNOWN OF
 SUCH ALLEGED NEGLIGENT ACT OR OMISSION AND  KNEW  OR  REASONABLY  SHOULD
 HAVE  KNOWN  THAT SUCH ACT OR OMISSION CAUSED INJURY, OR (B) THE DATE OF
 THE LAST TREATMENT WHERE THERE IS  CONTINUOUS  TREATMENT  FOR  THE  SAME
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15151-02-6
 S. 10035                            2
 
 ILLNESS,  INJURY,  OR  CONDITION THAT GAVE RISE TO THE ACT, OMISSION, OR
 FAILURE, WHICHEVER IS LATER. IN  NO  EVENT  SHALL  ANY  SUCH  ACTION  BE
 COMMENCED  MORE  THAN  SEVEN  YEARS  AFTER THE ALLEGED ACT, OMISSION, OR
 FAILURE,  EXCEPT  WHERE  FRAUDULENT  CONCEALMENT  OF THE MALPRACTICE HAS
 OCCURRED. THE PROVISIONS OF THIS SECTION SHALL NOT IMPAIR  THE  APPLICA-
 BILITY  OF  EQUITABLE ESTOPPEL WHERE THE DEFENDANT'S AFFIRMATIVE MISCON-
 DUCT PREVENTED TIMELY FILING.
   § 3. Section 1015 of the civil practice law and rules  is  amended  by
 adding a new subdivision (c) to read as follows:
   (C)  REPRESENTATIVES;  PENDING ACTION. WHEN NO PERSONAL REPRESENTATIVE
 HAS BEEN APPOINTED FOR A DECEASED DEFENDANT, AND  NO  INSURANCE  CARRIER
 FOR  THE  DEFENDANT IS DENYING INSURANCE COVERAGE OR PROCEEDING PURSUANT
 TO A RESERVATION OF RIGHTS, AND THE  PLAINTIFF  AGREES  TO  LIMIT  THEIR
 RECOVERY TO AN AMOUNT NOT EXCEEDING THE PROCEEDS OF THE DECEASED DEFEND-
 ANT'S  AVAILABLE  INSURANCE  COVERAGE, THE SUPREME COURT, UPON MOTION OF
 ANY PARTY, SHALL ORDER THAT THE DECEASED DEFENDANT'S ATTORNEY OF RECORD,
 OR OTHER PERSON DEEMED  APPROPRIATE  BY  THE  COURT,  BE  APPOINTED  AND
 SUBSTITUTED  TO  SERVE AS THE DECEASED DEFENDANT'S REPRESENTATIVE SOLELY
 FOR THE PURPOSE OF CONTINUING THE PENDING ACTION, ENTERING  INTO  AGREE-
 MENTS  AND STIPULATIONS RELATING TO SUCH ACTION, AND EXECUTING ANY DOCU-
 MENTS NECESSARY TO EFFECTUATE A SETTLEMENT OF THE ACTION.
   § 4. Section 2306 of the civil practice law and rules  is  amended  by
 adding a new subdivision (c) to read as follows:
   (C)  ELECTRONIC  FEES.  NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW,
 RULE OR REGULATION, WHERE THE PRODUCTION OF  RECORDS,  AS  DESCRIBED  IN
 THIS  SECTION,  IS  MADE  IN  CERTIFIED  ELECTRONIC OR DIGITAL FORM, THE
 PERSON OR INSTITUTION PRODUCING THE RECORDS SHALL  NOT  BE  ENTITLED  TO
 CHARGE  OR  RECEIVE  ANY FEE IN EXCESS OF SIX DOLLARS AND FIFTY CENTS IN
 TOTAL. NO ADDITIONAL FEE SHALL  BE  CHARGED  FOR  CERTIFICATION,  TRANS-
 MISSION,  OR  ELECTRONIC  FORMATTING.  THIS SUBDIVISION SHALL NOT AFFECT
 FEES OTHERWISE AUTHORIZED FOR PAPER RECORDS.
   § 5. Subdivisions (a) and (b) of section 2308 of  the  civil  practice
 law  and  rules  are REPEALED, subdivision (c) is relettered subdivision
 (b) and a new subdivision (a) is added to read as follows:
   (A) JUDICIAL AND NON-JUDICIAL SUBPOENAS; PENALTIES. (1) IF ANY  PERSON
 SUBPOENAED  UNDER  THIS  ARTICLE FAILS WITHOUT REASONABLE EXCUSE TO OBEY
 SUCH SUBPOENA, THE COURT, ON MOTION, MAY ISSUE A WARRANT DIRECTED  TO  A
 SHERIFF TO BRING THE WITNESS INTO COURT. IN THE CASE OF A SUBPOENA DUCES
 TECUM,  WHETHER  ISSUED  BY  A  COURT, A JUDGE, A CLERK OF THE COURT, AN
 OFFICER, OR AN ATTORNEY, IF THE WITNESS FAILS TO PRODUCE  ANY  DOCUMENT,
 RECORD,  OR  ITEM SPECIFIED THEREIN WITHOUT REASONABLE EXCUSE, THE COURT
 SHALL IMPOSE A CIVIL PENALTY OF ONE HUNDRED DOLLARS PER DAY,  COMMENCING
 ON  THE  DATE  THAT  COMPLIANCE  WAS  REQUIRED  AND CONTINUING UNTIL THE
 SUBPOENA IS COMPLIED WITH OR OTHERWISE RESOLVED BY COURT ORDER.
   (2) THIS PENALTY SHALL BE MANDATORY AND SHALL APPLY TO  BOTH  JUDICIAL
 SUBPOENAS  AND  SUBPOENAS  ISSUED  BY  OFFICERS  OR  ATTORNEYS UNDER THE
 AUTHORITY OF THIS ARTICLE. THE  COURT  MAY,  IN  ITS  DISCRETION,  AWARD
 REASONABLE  ATTORNEYS'  FEES  AND  COSTS  ASSOCIATED  WITH ENFORCING THE
 SUBPOENA TO THE PARTY SEEKING COMPLIANCE.
   (3) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO LIMIT OR  IMPAIR
 THE  COURT'S  CONTEMPT  POWERS UNDER THIS ARTICLE OR THE AVAILABILITY OF
 OTHER SANCTIONS UNDER LAW.
   § 6. Subdivision (a) of rule 3043 of the civil practice law and rules,
 paragraph 6 as amended by chapter 805 of the laws of 1984, is amended to
 read as follows:
 S. 10035                            3
 
   (a) Specified particulars. (1) In  actions  to  recover  for  personal
 injuries  the following particulars may be required, AND THE PERMISSIBLE
 ITEMS OF DEMAND SHALL BE LIMITED TO:
   [(1)] (I) The date and approximate time of day of the occurrence;
   [(2)] (II) Its approximate location;
   [(3)]  (III)  General  statement of the acts or omissions constituting
 the negligence claimed;
   [(4)] (IV) Where notice of a  condition  is  a  prerequisite,  whether
 actual or constructive notice is claimed;
   [(5)] (V) If actual notice is claimed, a statement of when and to whom
 it was given;
   [(6)]  (VI) Statement of the injuries and description of those claimed
 to be permanent, and in  an  action  designated  in  subsection  (a)  of
 section  five  thousand  one  hundred  four  of  the  insurance law, for
 personal injuries arising out of negligence in the use or operation of a
 motor vehicle in this state, in what respect plaintiff has  sustained  a
 serious  injury,  as  defined in subsection (d) of section five thousand
 one hundred two of the insurance law,  or  economic  loss  greater  than
 basic  economic loss, as defined in subsection (a) of section five thou-
 sand one hundred two of the insurance law;
   [(7)] (VII) Length of time confined to bed and to house;
   [(8)] (VIII) Length of time incapacitated from employment; and
   [(9)] (IX) Total amounts claimed as special  damages  for  physicians'
 services  and  medical supplies; loss of earnings, with name and address
 of the employer; hospital expenses; nurses' services.
   (2) IN ACTIONS TO RECOVER FOR MEDICAL, DENTAL, OR  PODIATRIC  MALPRAC-
 TICE,  THE  FOLLOWING  PARTICULARS  MAY BE REQUIRED, AND THE PERMISSIBLE
 ITEMS OF DEMAND SHALL BE LIMITED TO:
   (I) THE DATES OF TREATMENT OR CARE CONSTITUTING THE  ALLEGED  ACTS  OR
 OMISSIONS;
   (II) THE NAMES OF INVOLVED PROVIDERS;
   (III)  A  GENERAL  STATEMENT OF THE ACTS OR OMISSIONS CONSTITUTING THE
 MALPRACTICE CLAIMED;
   (IV) A STATEMENT OF THE INJURIES AND DESCRIPTION OF THOSE  CLAIMED  TO
 BE PERMANENT;
   (V) THE LENGTH OF TIME CONFINED TO BED AND TO HOUSE;
   (VI) THE LENGTH OF TIME INCAPACITATED FROM EMPLOYMENT;
   (VII)  THE  TOTAL  AMOUNTS  CLAIMED AS SPECIAL DAMAGES FOR PHYSICIANS'
 SERVICES AND MEDICAL SUPPLIES; LOSS OF EARNINGS, WITH NAME  AND  ADDRESS
 OF THE EMPLOYER; HOSPITAL EXPENSES; NURSES' SERVICE; AND
   (VIII) WHETHER INFORMED CONSENT IS DISPUTED.
   (3)  IN  ACTIONS  TO RECOVER FOR WRONGFUL DEATH, THE FOLLOWING PARTIC-
 ULARS MAY BE REQUIRED, AND THE PERMISSIBLE  ITEMS  OF  DEMAND  SHALL  BE
 LIMITED TO:
   (I) THE DATE AND PLACE OF DEATH;
   (II) THE ALLEGED ACT OR OMISSION CAUSING DEATH;
   (III) THE RELATIONSHIP OF THE DECEDENT TO THE DISTRIBUTEES;
   (IV) THE ECONOMIC LOSS OF DISTRIBUTEES;
   (V) FUNERAL OR BURIAL EXPENSES;
   (VI)  THE  APPROXIMATE  LENGTH  OF  PRE-DEATH  PAIN  AND SUFFERING, IF
 CLAIMED; AND
   (VII) THE DATE WHEN LETTERS OF ADMINISTRATION OR TESTAMENTARY AUTHORI-
 TY WERE ISSUED AND THE COURT ISSUING SAME.
   (4) IN ACTIONS TO  RECOVER  FOR  PERSONAL  INJURIES,  WRONGFUL  DEATH,
 MEDICAL,  DENTAL,  AND  PODIATRIC MALPRACTICE, THE FOLLOWING PARTICULARS
 MAY BE REQUIRED OF DEFENDANTS OR THIRD-PARTY DEFENDANTS:
 S. 10035                            4
 
   (I) AFFIRMATIVE DEFENSES, OR COUNTERCLAIMS, AND THE PERMISSIBLE  ITEMS
 OF DEMAND SHALL BE LIMITED TO:
   (A)  WHETHER  CONTRIBUTORY NEGLIGENCE OR COMPARATIVE FAULT IS ALLEGED,
 AND IF SO, THE ACTS OR OMISSIONS CLAIMED.
   (B) WHETHER THE ASSUMPTION OF RISK IS ALLEGED, AND IF SO, THE SPECIFIC
 FACTS UNDERLYING THAT DEFENSE.
   (C) WHETHER FAILURE TO MITIGATE DAMAGES IS ALLEGED, AND,  IF  SO,  THE
 BASIS FOR THAT DEFENSE.
   (D)  WHETHER  A  STATUTORY  LIMITATION, SUCH AS THE STATUTE OF LIMITA-
 TIONS, IS ASSERTED, AND IF SO, THE RELEVANT DATES RELIED UPON IN ASSERT-
 ING THAT DEFENSE.
   (E) WHETHER THE DEFENSE OF LACK OF NOTICE IS ASSERTED, AND IF SO,  THE
 DATES AND FACTS ALLEGED TO SUPPORT THAT DEFENSE.
   (II)  IF  A  CROSS-CLAIM  IS  ASSERTED,  THE GENERAL ACTS OR OMISSIONS
 CONSTITUTING THE NEGLIGENCE CLAIMED.
   § 7. The civil practice law and rules is amended by adding a new  rule
 3043-a to read as follows:
   RULE  3043-A.  IMPROPER  DEMANDS PROHIBITED. (A) IN ACTIONS TO RECOVER
 FOR PERSONAL INJURIES, WRONGFUL DEATH,  MEDICAL,  DENTAL,  OR  PODIATRIC
 MALPRACTICE, A DEMAND FOR A BILL OF PARTICULARS SHALL NOT:
   (1) REQUEST THE NAMES OF WITNESSES OR EXPERTS;
   (2) SEEK LEGAL THEORIES OR CONTENTIONS;
   (3) DEMAND PRODUCTION OF DOCUMENTS OR EVIDENCE;
   (4)  DUPLICATE  DISCOVERY OTHERWISE AVAILABLE UNDER ARTICLE THIRTY-ONE
 OF THIS CHAPTER; AND
   (5) REQUEST INFORMATION OUTSIDE  THE  SCOPE  OF  RULE  THREE  THOUSAND
 FORTY-THREE OF THIS ARTICLE.
   (B) ANY SUCH DEMAND IS VOID AND MAY BE DISREGARDED. A RESPONDING PARTY
 MAY SERVE WRITTEN OBJECTIONS TO PRESERVE THE RECORD.
   §  8.  Subdivision  (i)  of section 3101 of the civil practice law and
 rules, as added by chapter 574 of the laws of 1993, is amended  to  read
 as follows:
   (i)  In  addition  to any other matter which may be subject to disclo-
 sure, there shall be full disclosure of any  films,  photographs,  video
 tapes  or  audio tapes, AND SOCIAL MEDIA RECORDS, DOCUMENTS, AND MATERI-
 ALS, including transcripts or memoranda thereof, AND  CITATION  TO  EACH
 SOCIAL DOMAIN NAME AND UNIFORMED RESOURCE LOCATOR (URL) ADDRESS ACCESSED
 AND  THE  DATES THAT SUCH SOCIAL MEDIA RECORDS, DOCUMENTS, AND MATERIALS
 WERE ACCESSED, involving a person referred to in paragraph one of subdi-
 vision (a) of this section, THAT ARE OBTAINED BY  OR  ON  BEHALF  OF  AN
 ADVERSE  PARTY.  There shall be disclosure of all portions of such mate-
 rial, including out-takes, AND ALL SOCIAL MEDIA RECORDS, DOCUMENTS,  AND
 MATERIALS  ACCESSED ON EVERY DATE OF SUCH ACCESS, rather than only those
 portions a party intends to use.  The  provisions  of  this  subdivision
 shall not apply to materials compiled for law enforcement purposes which
 are  exempt  from  disclosure  under  section eighty-seven of the public
 officers law.
   § 9. Section 3102 of the civil practice law and rules  is  amended  by
 adding a new subdivision (h) to read as follows:
   (H)  PRE-SUIT DISCLOSURE IN PERSONAL INJURY, WRONGFUL DEATH, AND MALP-
 RACTICE ACTIONS. (1) NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  ANY
 PERSON  WHO  EXPECTS  TO  BE  A PLAINTIFF IN A CIVIL ACTION FOR PERSONAL
 INJURY, WRONGFUL DEATH,  MEDICAL  MALPRACTICE,  DENTAL  MALPRACTICE,  OR
 OTHER  PROFESSIONAL  MALPRACTICE,  AND  WHO IS UNABLE TO IDENTIFY: (I) A
 PROPER PARTY DEFENDANT, (II) THE CAUSE OR INSTRUMENTALITY OF THE INJURY,
 (III) THE AGENTS OR EMPLOYEES INVOLVED IN THE OCCURRENCE, OR (IV)  OTHER
 S. 10035                            5
 
 ESSENTIAL  FACTS NECESSARY TO PREPARE AND FILE A COMPLAINT, MAY PETITION
 THE SUPREME COURT OR COUNTY COURT BY VERIFIED APPLICATION FOR  LEAVE  TO
 TAKE  DEPOSITIONS,  OBTAIN  RECORDS,  ISSUE  SUBPOENAS  DUCES  TECUM, OR
 CONDUCT LIMITED INSPECTIONS OR EXAMINATIONS FOR THE PURPOSE OF OBTAINING
 SUCH INFORMATION.
   (2) SUCH VERIFIED PETITION SHALL INCLUDE:
   (I) THE NATURE OF THE ANTICIPATED ACTION AND THE FACTUAL BASIS FOR THE
 CLAIM;
   (II) THE TYPE OF INFORMATION SOUGHT AND ITS MATERIALITY;
   (III)  THE  REASONS  PRE-ACTION  DISCLOSURE IS NECESSARY AND CANNOT BE
 OBTAINED THROUGH INFORMAL MEANS; AND
   (IV) THE IDENTITY OF THE PERSON  OR  ENTITY  FROM  WHOM  DISCOVERY  IS
 SOUGHT, IF KNOWN.
   (3) THE COURT SHALL GRANT THE PETITION IF IT FINDS THAT:
   (I) THE PETITIONER HAS A MERITORIOUS BASIS TO INVESTIGATE A CLAIM; AND
   (II) THE REQUESTED DISCLOSURE IS NARROWLY TAILORED TO IDENTIFY DEFEND-
 ANTS, PRESERVE EVIDENCE, OR CLARIFY ISSUES NECESSARY TO INITIATE SUIT.
   (4) THE COURT MAY ISSUE A PROTECTIVE ORDER AS APPROPRIATE TO SAFEGUARD
 PRIVACY,  TRADE SECRETS, OR PRIVILEGE, AND SHALL SUPERVISE THE SCOPE AND
 CONDUCT OF ANY PERMITTED DISCOVERY. ANY DISCOVERY CONDUCTED PURSUANT  TO
 THIS SECTION MAY BE USED IN SUBSEQUENT LITIGATION TO THE EXTENT ADMISSI-
 BLE UNDER THE RULES OF EVIDENCE, SUBJECT TO OBJECTIONS AS TO FORM, PRIV-
 ILEGE, OR RELEVANCE.
   §  10.  Subdivision  (a) of section 3103 of the civil practice law and
 rules, as amended by chapter 205 of the laws of 2013, is amended to read
 as follows:
   (a) Prevention of abuse. (1) The court may at  any  time  on  its  own
 initiative,  or  on  motion  of  any party or of any person from whom or
 about whom discovery is sought, make a protective order denying,  limit-
 ing,  conditioning  or regulating the use of any disclosure device. Such
 order shall be designed  to  prevent  unreasonable  annoyance,  expense,
 embarrassment,  disadvantage,  or  other  prejudice to any person or the
 courts.
   (2) UPON WRITTEN OBJECTION TO A DEMAND FOR A BILL  OF  PARTICULARS  AS
 IMPROPER  UNDER  RULE  THREE THOUSAND FORTY-THREE OR RULE THREE THOUSAND
 FORTY-THREE-A OF THIS CHAPTER, A PARTY MAY REQUEST AN INFORMAL  JUDICIAL
 REVIEW  WITHOUT  MOTION. THE COURT SHALL DETERMINE THE PROPRIETY OF SUCH
 DEMAND ON AN EXPEDITED BASIS, BASED ON WRITTEN SUBMISSIONS.
   § 11. Rule 3113 of the civil practice law  and  rules  is  amended  by
 adding a new subdivision (e) to read as follows:
   (E)  ORDER OF DEPOSITIONS IN CERTAIN CASES; PLAINTIFF PRIORITY. 1. THE
 PLAINTIFF IN ANY CIVIL ACTION TO RECOVER DAMAGES FOR PERSONAL  INJURIES,
 WRONGFUL  DEATH, OR MEDICAL, DENTAL, OR PODIATRIC MALPRACTICE SHALL HAVE
 THE RIGHT TO TAKE DEPOSITIONS OF PARTIES, WITNESSES,  OR  OTHER  PERSONS
 BEFORE  ANY  DEPOSITIONS  ARE  TAKEN  BY THE DEFENDANTS OR OTHER ADVERSE
 PARTIES AND SHALL DETERMINE THE ORDER IN WHICH SUCH DEPOSITIONS SHALL BE
 TAKEN. THE PARTIES MAY STIPULATE OTHERWISE IN WRITING.
   2. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT  THE  AUTHORITY
 OF  THE COURT TO MANAGE DISCOVERY OR TO ISSUE PROTECTIVE ORDERS PURSUANT
 TO RULE THREE THOUSAND ONE HUNDRED THREE OF THIS ARTICLE.
   3. THIS SUBDIVISION SHALL APPLY TO ALL DEPOSITIONS CONDUCTED  PURSUANT
 TO THIS ARTICLE.
   §  12.  Subdivision  (a) of section 3121 of the civil practice law and
 rules, as amended by chapter 294 of the laws of 1984, is amended to read
 as follows:
 S. 10035                            6
 
   (a) Notice of examination. After commencement of an  action  in  which
 the  mental  or physical condition or the blood relationship of a party,
 or of [an agent, employee or] A person in the custody or under the legal
 control of a party, is in controversy, any party  may  serve  notice  on
 another  party to submit to a physical, mental or blood examination by a
 designated physician, or to produce for  such  examination  [his  agent,
 employee or] the person in [his] SUCH PHYSICIAN'S custody or under [his]
 THEIR  legal control. The notice may [require duly executed and acknowl-
 edged written authorizations permitting all parties to obtain, and  make
 copies of, the records of specified hospitals relating to such mental or
 physical  condition  or blood relationship; where a party obtains a copy
 of a hospital record as a result of the authorization of another  party,
 he  shall  deliver  a duplicate of the copy to such party. A copy of the
 notice shall be served on the person to be examined.  It  shall  specify
 the  time, which shall be not less than twenty days after service of the
 notice, and the conditions and scope of  the  examination]  SPECIFY  THE
 TIME,  PLACE,  MANNER,  CONDITIONS,  AND SCOPE OF THE EXAMINATION.  AS A
 CONDITION OF SUCH EXAMINATION, OR ANY EXAMINATION DONE PURSUANT TO  THIS
 ARTICLE,  THE  PARTY  OR  PERSON  TO BE EXAMINED SHALL HAVE THE SOLE AND
 EXCLUSIVE RIGHT TO RECORD THE ENTIRETY OF THE EXAMINATION  BY  MEANS  OF
 AUDIO  OR VIDEO RECORDING, INCLUDING THROUGH A REPRESENTATIVE DESIGNATED
 BY THE PARTY. SUCH RECORDING SHALL NOT BE CONDUCTED  IN  A  MANNER  THAT
 INTERFERES  WITH  THE  CONDUCT  OF  THE EXAMINATION OR THE SAFETY OF THE
 EXAMINEE. NO PERSON SHALL REFUSE TO CONDUCT A PHYSICAL, MENTAL, OR BLOOD
 EXAMINATION BECAUSE THE EXAMINATION IS BEING RECORDED BY OR ON BEHALF OF
 THE PARTY TO BE EXAMINED. NO RECORDING MADE PURSUANT TO THIS SUBDIVISION
 SHALL BE SUBJECT TO DISCOVERY OR  DISCLOSURE,  INCLUDING  UNDER  SECTION
 THREE THOUSAND ONE HUNDRED ONE OR RULE THREE THOUSAND ONE HUNDRED TWENTY
 OF  THIS  ARTICLE,  UNLESS THE PARTY WHO CAUSED THE RECORDING TO BE MADE
 ELECTS TO DISCLOSE IT AT TRIAL OR USES IT IN SUPPORT OF OR IN OPPOSITION
 TO A MOTION. THE RIGHTS ESTABLISHED IN THIS SECTION SHALL NOT BE  WAIVED
 EXCEPT  BY  EXPRESS  WRITTEN  STIPULATION  OR COURT ORDER FOR GOOD CAUSE
 SHOWN.
   § 13. Rule 3122 of the civil practice law  and  rules  is  amended  by
 adding three new subdivisions (e), (f) and (g) to read as follows:
   (E)  1.  IN ANY CIVIL ACTION OR PROCEEDING, ALL RAW DATA, TEST INSTRU-
 MENTS, PROTOCOLS, NOTES, RECORDINGS, SCORING SHEETS, INTERPRETIVE  MATE-
 RIALS,  TEST RESULTS, AND OTHER DATA GENERATED, OBTAINED, OR RELIED UPON
 BY ANY PSYCHOLOGIST OR NEUROPSYCHOLOGIST IN CONNECTION WITH  THE  EVALU-
 ATION OR EXAMINATION OF A PARTY OR WITNESS SHALL BE DISCOVERABLE.
   2.  THE MATERIALS DESCRIBED IN PARAGRAPH ONE OF THIS SUBDIVISION SHALL
 BE PRODUCED UPON WRITTEN DEMAND MADE PURSUANT TO THIS ARTICLE.
   3. FAILURE TO PRODUCE SUCH MATERIALS WITHIN  THE  TIME  PRESCRIBED  BY
 RULE  OR  COURT ORDER SHALL RESULT IN THE PRECLUSION OF THE TESTIMONY OF
 THE PSYCHOLOGIST OR NEUROPSYCHOLOGIST AND ANY FINDINGS, CONCLUSIONS,  OR
 OPINIONS BASED IN WHOLE OR IN PART ON SUCH UNDISCLOSED MATERIALS, UNLESS
 THE  COURT FINDS GOOD CAUSE FOR THE DELAY AND NO PREJUDICE TO THE OPPOS-
 ING PARTY.
   4. THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY REGARDLESS OF WHETH-
 ER THE PSYCHOLOGIST OR NEUROPSYCHOLOGIST IS RETAINED AS AN EXPERT  BY  A
 PARTY OR CONDUCTS THE EVALUATION PURSUANT TO A COURT ORDER.
   5. THIS SUBDIVISION SHALL NOT BE CONSTRUED TO AUTHORIZE THE DISCLOSURE
 OF PRIVILEGED COMMUNICATIONS OR MATERIALS UNRELATED TO THE TESTING PROC-
 ESS.
   (F) 1. IN ANY CIVIL ACTION, NO PARTY SHALL BE REQUIRED TO DISCLOSE ANY
 LIEN,  ASSIGNMENT,  ENCUMBRANCE,  SECURITY  INTEREST,  OR OTHER RIGHT OF
 S. 10035                            7
 
 RECOVERY HELD BY A THIRD PARTY ARISING FROM OR  RELATING  TO  LITIGATION
 FUNDING,  LAWSUIT  LENDING,  OR NON-RECOURSE ADVANCES MADE TO A PARTY OR
 THEIR COUNSEL IN CONNECTION WITH THE ACTION, AND SUCH INFORMATION  SHALL
 NOT BE SUBJECT TO DISCOVERY.
   2. THIS PROHIBITION SHALL APPLY TO:
   (I)  THE  IDENTITY  OF  ANY  FUNDER,  LENDER, OR FINANCIAL INSTITUTION
 INVOLVED IN SUCH ARRANGEMENT;
   (II) THE TERMS, AMOUNTS, OR REPAYMENT CONDITIONS OF ANY  SUCH  ADVANCE
 OR FUNDING; AND
   (III)  ANY CORRESPONDENCE, CONTRACT, OR COMMUNICATION RELATING TO SUCH
 FINANCING.
   3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT DISCLOSURE OF:
   (I) STATUTORY LIENS CREATED BY OPERATION OF LAW,  SUCH  AS,  MEDICAID,
 MEDICARE, ERISA, OR WORKERS' COMPENSATION RECOVERY RIGHTS; OR
   (II)  LIENS  EXPRESSLY  WAIVED  OR  PLACED  IN ISSUE BY A PARTY IN THE
 ACTION.
   4. ANY ATTEMPT TO INTRODUCE OR RELY UPON SUCH FUNDING-RELATED INFORMA-
 TION FOR IMPEACHMENT, BIAS, OR CREDIBILITY PURPOSES SHALL BE  INADMISSI-
 BLE  AND  SUBJECT  TO EXCLUSION UNDER SECTION FOUR THOUSAND FIVE HUNDRED
 THIRTEEN OF THIS CHAPTER AND OTHER APPLICABLE RULES OF EVIDENCE,  UNLESS
 THE  COURT  FINDS  THAT  THE PARTY HAS VOLUNTARILY PLACED SUCH MATTER IN
 CONTROVERSY.
   (G) 1. IN ANY ACTION OR  PROCEEDING  GOVERNED  BY  THIS  CHAPTER,  THE
 SOCIAL  SECURITY NUMBER OF ANY PARTY, WITNESS, OR NON-PARTY SHALL NOT BE
 DISCOVERABLE, EITHER DIRECTLY OR INDIRECTLY,  THROUGH  ANY  REQUEST  FOR
 DISCLOSURE,  SUBPOENA,  INTERROGATORY,  DEMAND  FOR BILL OF PARTICULARS,
 DEPOSITION, OR OTHER MEANS OF CIVIL DISCOVERY.
   2. THIS PROHIBITION SHALL INCLUDE:
   (I) FULL OR PARTIAL SOCIAL SECURITY NUMBERS;
   (II) ANY IDENTIFIER FROM WHICH A SOCIAL SECURITY NUMBER MAY BE DERIVED
 OR RECONSTRUCTED; AND
   (III) REQUESTS MADE  FOR  THE  STATED  PURPOSE  OF  IDENTIFICATION  OR
 VERIFICATION THAT WOULD REQUIRE DISCLOSURE OF A SOCIAL SECURITY NUMBER.
   3.  NOTWITHSTANDING  THE  PROVISIONS  OF THIS SUBDIVISION, A COURT MAY
 ORDER LIMITED DISCLOSURE OF A SOCIAL SECURITY  NUMBER  UNDER  SEAL  ONLY
 UPON  A SHOWING OF GOOD CAUSE AND NECESSITY, AND ONLY UNDER SUCH PROTEC-
 TIVE CONDITIONS AS ARE APPROPRIATE TO PREVENT  PUBLIC  DISSEMINATION  OR
 MISUSE.
   4. ANY DISCLOSURE MADE IN VIOLATION OF THIS SUBDIVISION SHALL BE INAD-
 MISSIBLE  IN EVIDENCE AND SUBJECT TO SANCTIONS UNDER SECTION THREE THOU-
 SAND ONE HUNDRED TWENTY-SIX OF THIS ARTICLE.
   § 14. Subdivision (a) of rule 3122-a of the  civil  practice  law  and
 rules is amended by adding a new paragraph 5 to read as follows:
   5.  NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, RULE OR REGULATION,
 THE TOTAL FEE FOR PRODUCING CERTIFIED MEDICAL, HOSPITAL, OR NURSING HOME
 RECORDS AND BILLS, INCLUDING IMAGING STUDIES, IN RESPONSE TO A  SUBPOENA
 DUCES  TECUM  IN CERTIFIED ELECTRONIC OR DIGITAL FORMAT SHALL NOT EXCEED
 SIX DOLLARS AND FIFTY CENTS. NO ADDITIONAL FEES  SHALL  BE  CHARGED  FOR
 CERTIFICATION  OR  TRANSMISSION BY ELECTRONIC MEANS, INCLUDING THROUGH A
 SECURE PORTAL, ENCRYPTED FILE, OR CLOUD-BASED PLATFORM.
   § 15. The civil practice law and rules is  amended  by  adding  a  new
 section 4552 to read as follows:
   §  4552.  SPOLIATION OF EVIDENCE IN CIVIL PROCEEDINGS. (A) DEFINITION.
 FOR PURPOSES OF THIS SECTION, "SPOLIATION" MEANS THE  LOSS,  ALTERATION,
 OR DESTRUCTION OF EVIDENCE RELEVANT TO THE CLAIMS OR DEFENSES IN A CIVIL
 S. 10035                            8
 
 ACTION,  WHETHER  BY  A  PARTY OR NONPARTY, OCCURRING AT A TIME WHEN THE
 PERSON OR ENTITY HAD A LEGAL DUTY TO PRESERVE SUCH EVIDENCE.
   (B)  ELEMENTS  FOR  SANCTION  OR  REMEDY.  A  PARTY  THAT CLAIMS TO BE
 ADVERSELY AFFECTED BY SPOLIATION OF EVIDENCE AND SEEKS  A  REMEDY  SHALL
 ESTABLISH, BY A PREPONDERANCE OF THE EVIDENCE, THAT:
   (1)  THE PERSON OR ENTITY ALLEGED TO HAVE COMMITTED THE SPOLIATION HAD
 CONTROL OVER THE EVIDENCE AND A DUTY TO PRESERVE IT AT THE TIME  OF  THE
 SPOLIATION;
   (2)  THE  SPOLIATION  OCCURRED  WITH  A  CULPABLE  MENTAL STATE, WHICH
 INCLUDES INTENTIONAL, WILLFUL, OR NEGLIGENT CONDUCT; AND
   (3) THE EVIDENCE WAS RELEVANT TO  A  CLAIM  OR  DEFENSE  SUCH  THAT  A
 REASONABLE  TRIER OF FACT COULD CONCLUDE THAT THE EVIDENCE WOULD SUPPORT
 THAT CLAIM OR DEFENSE.
   (C) PRESUMPTION OF RELEVANCE. WHERE THE SPOLIATION IS  FOUND  TO  HAVE
 BEEN  COMMITTED  INTENTIONALLY, WILLFULLY, OR NEGLIGENTLY, THE RELEVANCE
 OF THE LOST, ALTERED, OR DESTROYED EVIDENCE TO THE CLAIM OR  DEFENSE  OF
 THE PARTY AFFECTED SHALL BE PRESUMED.
   (D)  SANCTIONS AND REMEDIES. UPON THE FINDING OF SPOLIATION, THE COURT
 SHALL HAVE BROAD DISCRETION IN FASHIONING  AN  APPROPRIATE  SANCTION  OR
 REMEDY, WHICH MAY INCLUDE, BUT NOT LIMITED TO:
   (1)  PERMITTING  THE  INTRODUCTION  OF EVIDENCE CONCERNING THE CIRCUM-
 STANCES OF THE SPOLIATION;
   (2) GIVING AN ADVERSE INFERENCE INSTRUCTION TO THE TRIER OF FACT;
   (3) PRECLUSION OF TESTIMONY OR EVIDENCE;
   (4) STRIKING PLEADINGS OR DISMISSING CLAIMS OR DEFENSES IN WHOLE OR IN
 PART;
   (5) MONETARY SANCTIONS, INCLUDING COSTS AND ATTORNEYS' FEES; OR
   (6) ANY OTHER SANCTION THE COURT DEEMS JUST AND PROPER.
   (E) DEPENDENT DIRECT CAUSE  OF  ACTION.  WHERE  A  PARTY  OR  NONPARTY
 RECEIVES  WRITTEN  NOTICE  TO  PRESERVE  SPECIFIC EVIDENCE RELEVANT TO A
 CIVIL ACTION AND THEREAFTER  NEGLIGENTLY,  INTENTIONALLY,  OR  WILLFULLY
 SPOLIATES SUCH EVIDENCE, AND NO ADEQUATE REMEDY EXISTS UNDER SUBDIVISION
 (D)  OF  THIS SECTION, A DEPENDENT DIRECT CAUSE OF ACTION FOR SPOLIATION
 MAY BE COMMENCED ONLY BY A PARTY TO  THE  ORIGINAL  PROCEEDING  WHO  HAS
 SUFFERED  SUBSTANTIAL  PREJUDICE.  SUCH ACTION SHALL BE DEPENDENT ON THE
 UNDERLYING LITIGATION. IT MAY BE BROUGHT ONLY IF SPOLIATION WAS  DISCOV-
 ERED  AFTER COMMENCEMENT OF THAT ACTION AND THE COURT HAS MADE A FINDING
 UNDER THIS SECTION.
   (F) NONPARTY JURISDICTION. UPON  MOTION  AND  NOTICE,  THE  COURT  MAY
 ASSERT  JURISDICTION OVER A NONPARTY WHO SPOLIATED EVIDENCE IN VIOLATION
 OF THIS SECTION TO IMPOSE ANY REMEDY SET FORTH HEREIN.
   § 16. Subdivision (g) of section 5003-a of the civil practice law  and
 rules,  as  added by chapter 269 of the laws of 1992, is amended to read
 as follows:
   (g) The term "tender", as used herein, shall mean either to personally
 deliver or to mail, by registered  or  certified  mail,  return  receipt
 requested,  OR BY ELECTRONIC MAIL, PROVIDED THAT SUCH ELECTRONIC MAIL IS
 SENT TO THE ELECTRONIC MAIL ADDRESS OF  THE  SETTLING  PARTY'S  ATTORNEY
 WITH  A REQUEST FOR CONFIRMATION OF DELIVERY.  TENDER BY ELECTRONIC MAIL
 SHALL BE COMPLETE UPON TRANSMISSION, UNLESS THE SENDER  RECEIVES  NOTICE
 THAT THE ELECTRONIC MAIL WAS NOT DELIVERED.
   §  17.  Section 8001 of the civil practice law and rules is amended by
 adding a new subdivision (d) to read as follows:
   (D) ELECTRONIC PATIENT  INFORMATION.  1.  A  PERSON  RESPONDING  TO  A
 REQUEST  FOR  PATIENT  INFORMATION  MADE  OR  AUTHORIZED BY A "QUALIFIED
 PERSON", AS DEFINED BY SECTION EIGHTEEN OF THE PUBLIC HEALTH LAW, OR  AN
 S. 10035                            9
 
 ATTORNEY  WHO  HAS  WRITTEN  AUTHORIZATION  FROM SUCH "QUALIFIED PERSON"
 AUTHORIZING SUCH ATTORNEY TO EXECUTE A REQUEST FOR PATIENT  INFORMATION,
 OR  WHO IS SUBPOENAED TO PRODUCE RECORDS IN A CRIMINAL PROCEEDING, OR IN
 AN  ACTION,  OR  BEFORE A GRAND JURY, OR FOR EXAMINATION BEFORE TRIAL OR
 HEARING IN AN ACTION IN ANY COURT, OR BEFORE AN OFFICER, PERSON, OR BODY
 AUTHORIZED TO CONDUCT THE EXAMINATION OR HEARING, SHALL BE PAID  BY  THE
 PERSON  SEEKING  THE  RECORDS  A FEE NOT TO EXCEED SIX DOLLARS AND FIFTY
 CENTS TOTAL FOR THE PRODUCTION OF CERTIFIED MEDICAL, HOSPITAL, OR  NURS-
 ING  HOME RECORDS, INCLUDING IMAGING RECORDS, AUDIT TRAILS, AND ITEMIZED
 BILLS, WHEN SUCH RECORDS ARE  REQUESTED  IN  AN  ELECTRONIC  OR  DIGITAL
 FORMAT.
   2.   NO  ADDITIONAL  FEE  SHALL  BE  CHARGED  FOR  THE  CERTIFICATION,
 ENCRYPTION, EMAILING, UPLOADING, PORTAL ACCESS, OR ANY OTHER  METHOD  OF
 SECURE ELECTRONIC TRANSMISSION OF SUCH RECORDS.
   3.  THE  PRODUCTION  OF  SUCH  SUBPOENAED CERTIFIED ELECTRONIC RECORDS
 SHALL SATISFY THE REQUIREMENTS OF SECTION TWO THOUSAND THREE HUNDRED SIX
 AND RULE THREE THOUSAND ONE HUNDRED TWENTY-TWO-A OF THIS CHAPTER.
   § 18. Section 8303-a of the civil practice law and rules is amended by
 adding a new subdivision (d) to read as follows:
   (D) THE COURT MAY AWARD COSTS OR REASONABLE ATTORNEYS' FEES TO A PARTY
 BURDENED BY REPEATED OR KNOWINGLY IMPROPER DEMANDS FOR BILLS OF  PARTIC-
 ULARS  IN  VIOLATION  OF  RULE  THREE THOUSAND FORTY-THREE OR RULE THREE
 THOUSAND FORTY-THREE-A OF THIS CHAPTER.
   § 19. The general business law is amended by adding a new article 45-B
 to read as follows:
                               ARTICLE 45-B
                 FAIR CONTRACTING IN LICENSED PROFESSIONS
 SECTION 1530. DEFINITIONS.
         1531. PROHIBITION OF MANDATORY ARBITRATION OR  MEDIATION  AGREE-
                 MENTS.
         1532. VOLUNTARY DISPUTE RESOLUTION PERMITTED.
         1533. ENFORCEMENT.
         1534. SEVERABILITY.
   § 1530. DEFINITIONS.  FOR  THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "MANDATORY ARBITRATION AGREEMENT" MEANS ANY CLAUSE OR PROVISION  IN
 A  CONTRACT  THAT  REQUIRES  ANY  CURRENT  OR FUTURE DISPUTE BETWEEN THE
 PARTIES TO BE RESOLVED THROUGH ARBITRATION AS A  CONDITION  OF  ENTERING
 INTO, CONTINUING, OR RENEWING A CONTRACTUAL RELATIONSHIP.
   2.  "MANDATORY MEDIATION AGREEMENT" MEANS ANY CLAUSE OR PROVISION IN A
 CONTRACT REQUIRING A  PARTY  TO  PARTICIPATE  IN  MEDIATION,  SETTLEMENT
 CONFERENCES,  OR OTHER ALTERNATIVE DISPUTE RESOLUTION PROCEEDINGS BEFORE
 OR INSTEAD OF PURSUING LEGAL OR ADMINISTRATIVE REMEDIES.
   3. "LICENSED PROFESSION OR INDUSTRY" MEANS ANY PROFESSION, OCCUPATION,
 BUSINESS, TRADE, OR SERVICE THAT IS SUBJECT TO LICENSURE, CERTIFICATION,
 REGISTRATION, OR REGULATORY APPROVAL BY ANY AGENCY,  BOARD,  DEPARTMENT,
 OR  AUTHORITY  OF THE STATE OF NEW YORK OR ANY OF ITS POLITICAL SUBDIVI-
 SIONS.
   § 1531. PROHIBITION OF MANDATORY ARBITRATION OR MEDIATION  AGREEMENTS.
 1.    NO PERSON, FIRM, BUSINESS, OR ENTITY ENGAGED IN A LICENSED PROFES-
 SION OR INDUSTRY SHALL REQUIRE ANY INDIVIDUAL, PATIENT, CLIENT,  CUSTOM-
 ER,  OR  CONSUMER  TO  ENTER INTO A MANDATORY ARBITRATION AGREEMENT OR A
 MANDATORY MEDIATION AGREEMENT REGARDING PERSONAL INJURY, WRONGFUL DEATH,
 MEDICAL, DENTAL, OR PODIATRIC MALPRACTICE ACTIONS, AS A CONDITION OF, OR
 IN CONSIDERATION FOR:
   (A) THE RECEIPT OF SERVICES, OR
 S. 10035                           10

   (B) THE PROVISION OF PROFESSIONAL SERVICES.
   2.  ANY  SUCH  PROVISION  INCLUDED IN A CONTRACT SHALL BE DEEMED VOID,
 INVALID, AND UNENFORCEABLE AS AGAINST PUBLIC POLICY.
   § 1532. VOLUNTARY DISPUTE RESOLUTION PERMITTED. NOTHING IN THIS  ARTI-
 CLE  SHALL  PROHIBIT  PARTIES FROM ENTERING INTO AN ARBITRATION OR MEDI-
 ATION AGREEMENT AFTER A DISPUTE HAS ARISEN, PROVIDED THAT SUCH AN AGREE-
 MENT IS EXECUTED KNOWINGLY AND VOLUNTARILY, IN WRITING, AND IT IS NOT  A
 CONDITION  FOR THE CONTINUED PROVISION OR RECEIPT OF SERVICES OR PROFES-
 SIONAL SERVICES, AND ALL PARTIES ARE ADVISED IN WRITING OF  THEIR  RIGHT
 TO SEEK RELIEF THROUGH THE COURTS OR ADMINISTRATIVE FORUMS.
   §  1533.  ENFORCEMENT.  1. ANY PERSON AGGRIEVED BY A VIOLATION OF THIS
 ARTICLE MAY BRING AN ACTION IN ANY COURT OF COMPETENT JURISDICTION FOR:
   (A) INJUNCTIVE RELIEF,
   (B) DECLARATORY RELIEF,
   (C) ACTUAL DAMAGES, AND
   (D) REASONABLE ATTORNEYS' FEES AND COSTS.
   2. THE ATTORNEY GENERAL SHALL HAVE THE AUTHORITY  TO  INVESTIGATE  AND
 BRING CIVIL ACTIONS TO ENFORCE THE PROVISIONS OF THIS ARTICLE.
   3.  ANY  STATE  OR LOCAL AGENCY RESPONSIBLE FOR LICENSING THE RELEVANT
 PROFESSION OR INDUSTRY MAY INITIATE DISCIPLINARY OR  ENFORCEMENT  ACTION
 FOR VIOLATIONS OF THIS ARTICLE.
   §  1534. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION
 OR SECTION OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT  OF  COMPETENT
 JURISDICTION  TO  BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR, OR
 INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION
 TO THE CLAUSE,  SENTENCE,  PARAGRAPH,  SUBDIVISION  OR  SECTION  THEREOF
 DIRECTLY  INVOLVED  IN THE CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE
 BEEN RENDERED. IT IS HEREBY DECLARED TO BE THE INTENT OF THE LEGISLATURE
 THAT  THIS  ARTICLE  WOULD  HAVE  BEEN  ENACTED  EVEN  IF  SUCH  INVALID
 PROVISIONS HAD NOT BEEN INCLUDED HEREIN.
   §  20.  The general obligations law is amended by adding a new section
 5-338 to read as follows:
   § 5-338. LIMITATIONS ON THE ENFORCEMENT OF NONDISCLOSURE AND  NON-DIS-
 PARAGEMENT  CLAUSES  IN  CERTAIN  DISPUTES. 1. ANY PROVISION IN A STIPU-
 LATION, AGREEMENT, RELEASE, OR ORDER  RESOLVING  AN  ACTION  TO  RECOVER
 DAMAGES  FOR  PERSONAL  INJURY,  WRONGFUL  DEATH, OR MEDICAL, DENTAL, OR
 PODIATRIC MALPRACTICE THAT REQUIRES ANY PARTY TO MAINTAIN CONFIDENTIALI-
 TY, OR REFRAIN FROM DISPARAGING A PARTY, OR REFRAIN FROM DISCLOSING  ANY
 INFORMATION  RELATING  TO THE DISPUTE, ACTION, OR SETTLEMENT TERMS SHALL
 BE DEEMED VOID AND UNENFORCEABLE AS A MATTER OF LAW.
   2. THE PROVISIONS OF THIS SECTION SHALL NOT BE WAIVED  BY  ANY  PARTY.
 ANY  AGREEMENT PURPORTING TO WAIVE THE PROTECTIONS OF THIS SECTION SHALL
 BE VOID AND UNENFORCEABLE.
   3. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED  TO  AUTHORIZE
 OR  ENCOURAGE  THE  MAKING  OF  LIBELOUS, SLANDEROUS, OR KNOWINGLY FALSE
 STATEMENTS. STATEMENTS MADE WITH MALICE  AND  INTENT  TO  DEFAME  REMAIN
 ACTIONABLE  UNDER  APPLICABLE LAW, AND THE VOIDING OF CONFIDENTIALITY OR
 NON-DISPARAGEMENT PROVISIONS SHALL NOT  BE  DEEMED  A  DEFENSE  TO  SUCH
 CONDUCT.
   4.  NOTHING  CONTAINED  IN  THIS SECTION SHALL PROHIBIT ANY PARTY FROM
 VOLUNTARILY MAINTAINING CONFIDENTIALITY, OR REFRAINING FROM  DISPARAGING
 A  PARTY,  OR REFRAINING FROM DISCLOSING ANY INFORMATION RELATING TO THE
 DISPUTE, ACTION, OR SETTLEMENT TERMS.
   5. IF ANY CLAUSE, SENTENCE, PARAGRAPH OR SUBDIVISION OF  THIS  SECTION
 SHALL  BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID,
 SUCH JUDGMENT SHALL NOT AFFECT,  IMPAIR,  OR  INVALIDATE  THE  REMAINDER
 S. 10035                           11
 
 THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE, SENTENCE,
 PARAGRAPH OR SUBDIVISION THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN
 WHICH  SUCH  JUDGMENT SHALL HAVE BEEN RENDERED. IT IS HEREBY DECLARED TO
 BE  THE  INTENT  OF  THE  LEGISLATURE  THAT THIS ARTICLE WOULD HAVE BEEN
 ENACTED EVEN IF SUCH INVALID PROVISIONS HAD NOT BEEN INCLUDED HEREIN.
   § 21. Subdivision (a) of section 15-108  of  the  general  obligations
 law,  as  amended by chapter 742 of the laws of 1974, is amended to read
 as follows:
   (a) Effect of release of or covenant not to sue  tortfeasors.  When  a
 release  or  a covenant not to sue or not to enforce a judgment is given
 to one of two or more persons liable or claimed to be liable in tort for
 the same injury, or the same wrongful death, it does not  discharge  any
 of the other tortfeasors from liability for the injury or wrongful death
 unless  its  terms expressly so provide, but it reduces the claim of the
 releasor against the other tortfeasors to the extent of any amount stip-
 ulated by the release or the covenant, or in the amount of the consider-
 ation paid for it, or in the amount of the released tortfeasor's equita-
 ble share of the damages under article fourteen of  the  civil  practice
 law and rules, whichever is the greatest. NO GENERAL RELEASE OR COVENANT
 NOT  TO  SUE  ENTERED  INTO PURSUANT TO THIS SECTION IN PERSONAL INJURY,
 WRONGFUL DEATH, AND MEDICAL, DENTAL, AND PODIATRIC  MALPRACTICE  ACTIONS
 SHALL INCLUDE, NAME, OR PURPORT TO RELEASE ANY INSURANCE CARRIER, INSUR-
 ANCE  COMPANY,  OR RISK RETENTION GROUP UNLESS THE PERSON EXECUTING SUCH
 RELEASE HAS A PRESENT AND LEGALLY COGNIZABLE CLAIM OR  CAUSE  OF  ACTION
 AGAINST SUCH INSURER OR RISK RETENTION GROUP INDEPENDENT OF ITS CONTRAC-
 TUAL  OBLIGATION TO INDEMNIFY OR DEFEND ITS INSURED. ANY INCLUSION OF AN
 INSURER OR RISK RETENTION GROUP IN A GENERAL RELEASE IN CONTRAVENTION OF
 THIS SUBDIVISION SHALL BE VOID AND OF NO EFFECT AND SHALL NOT CONSTITUTE
 A WAIVER OF ANY RIGHTS BY THE PARTY EXECUTING THE RELEASE.
   § 22. This act shall take effect on the ninetieth day after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.