Bill Text: NY A07060 | 2019-2020 | General Assembly | Introduced

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Bill Title: Allows for libel actions to be brought without a demand for relief.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to judiciary [A07060 Detail]

Download: New_York-2019-A07060-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7060
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      April 4, 2019
                                       ___________
        Introduced  by M. of A. BURKE -- read once and referred to the Committee
          on Judiciary
        AN ACT to amend the civil practice law and rules,  in  relation  to  the
          "Truth Court Act"
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may  be  cited  as  the  "Truth
     2  Court Act".
     3    §  2.    Subdivision (a) of section 3017 of the civil practice law and
     4  rules, as amended by chapter 694 of the laws of 2003, is amended  and  a
     5  new subdivision (d) is added to read as follows:
     6    (a)  Generally. Except as otherwise provided in [subdivision] subdivi-
     7  sions (c) and (d) of this section, every complaint, counterclaim, cross-
     8  claim, interpleader complaint, and third-party complaint shall contain a
     9  demand for the relief to  which  the  pleader  deems  himself  entitled.
    10  Relief in the alternative or of several different types may be demanded.
    11  Except  as  provided  in  section  3215, the court may grant any type of
    12  relief within its jurisdiction appropriate to the proof whether  or  not
    13  demanded, imposing such terms as may be just.
    14    (d)  Libel  actions. In an action for only libel, the complaint is not
    15  required to contain a demand for relief. Such  actions  where  no  party
    16  makes  a  demand  for  relief as authorized under this subdivision shall
    17  proceed as if a demand for relief was plead except that no relief  shall
    18  be  granted  in  such  an action and no party shall file a counterclaim,
    19  cross-claim, interpleader complaint, or third-party  complaint  in  such
    20  action which contains a demand for relief.
    21    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10567-02-9