Bill Text: NY S01887 | 2019-2020 | General Assembly | Introduced

New York Senate Bill 1887 (Prior Session Legislation)

Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO JUDICIARY [S01887 Detail]

Download: New_York-2019-S01887-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          1887
                               2019-2020 Regular Sessions
                    IN SENATE
                                    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:
     1    Section  1.  Subdivision (b) of rule 305 of the civil practice law and
     2  rules, as amended by chapter 528 of the laws of 1978, is amended to read
     3  as follows:
     4    (b) Summons and notice.   If the complaint  is  not  served  with  the
     5  summons,  the  summons  shall  contain or have attached thereto a notice
     6  stating the nature of the action and the relief sought[,] and, except in
     7  [an action for medical  malpractice]  actions  for  personal  injury  or
     8  wrongful death, the sum of money for which judgment may be taken in case
     9  of default.
    10    §  2.  Subdivision  (c)  of section 3017 of the civil practice law and
    11  rules, as amended by chapter 694 of the laws of 2003, is amended to read
    12  as follows:
    13    (c) Personal injury or wrongful death actions. In an action to recover
    14  damages for personal injuries or wrongful death, the complaint,  summons
    15  with  notice,  counterclaim,  cross-claim,  interpleader  complaint, and
    16  third-party complaint shall contain a  prayer  for  general  relief  but
    17  shall not state the amount of damages to which the pleader deems himself
    18  or  herself entitled. If the action is brought in the supreme court, the
    19  pleading shall also state whether or not the amount  of  damages  sought
    20  exceeds the jurisdictional limits of all lower courts which would other-
    21  wise  have jurisdiction. Provided, however, that a party against whom an
    22  action to recover damages for personal injuries  or  wrongful  death  is
    23  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.
                                                                   LBD06681-01-9

        S. 1887                             2
     1  total  damages to which the pleader deems himself or herself entitled. A
     2  supplemental demand shall be provided by the party bringing  the  action
     3  within fifteen days of the request. In the event the supplemental demand
     4  is  not served within fifteen days, the court, on motion, may order that
     5  it be served.  A supplemental demand served pursuant to this subdivision
     6  shall be treated in all respects as a demand made pursuant  to  subdivi-
     7  sion (a) of this section.
     8    §  3.  Subdivision  2 of section 50-e of the general municipal law, as
     9  amended by chapter 62 of the  laws  of  1983,  is  amended  to  read  as
    10  follows:
    11    2.  Form of notice; contents. The notice shall be in writing, sworn to
    12  by or on behalf of the claimant, and shall set forth: (1) the  name  and
    13  post-office  address  of  each  claimant, and of his or her attorney, if
    14  any; (2) the nature of the claim; (3) the time when, the place where and
    15  the manner in which the claim arose; and (4)  the  items  of  damage  or
    16  injuries claimed to have been sustained so far as then practicable but a
    17  notice  with  respect  to a claim against a municipal corporation [other
    18  than a city with a population of one million or more persons] shall  not
    19  state  the  amount  of  damages  to  which the claimant deems himself or
    20  herself  entitled, provided, however, that the  municipal  corporation[,
    21  other than a city with a population of one million or more persons,] may
    22  at any time request a supplemental claim setting forth the total damages
    23  to  which the claimant deems himself or herself entitled. A supplemental
    24  claim shall be provided by the  claimant  within  fifteen  days  of  the
    25  request.  In  the  event  the  supplemental  demand is not served within
    26  fifteen days, the court, on motion, may order that it be provided by the
    27  claimant.
    28    § 4. This act shall take effect on the thirtieth day  after  it  shall
    29  have become a law, and shall apply to actions commenced on or after such
    30  date.