Bill Text: NY S05574 | 2019-2020 | General Assembly | Introduced

New York Senate Bill 5574 (Prior Session Legislation)

Introduced

Bill Title: Relates to the content of a summons with notice in certain actions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2020-02-11 - ordered to third reading cal.275 [S05574 Detail]

Download: New_York-2019-S05574-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          5574
                               2019-2020 Regular Sessions
                    IN SENATE
                                       May 7, 2019
                                       ___________
        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 Judiciary
        AN ACT to amend the civil practice law and rules,  in  relation  to  the
          content of a summons with notice in certain actions
          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] personal injury or  wrongful  death,
     8  the sum of money for which judgment may be taken in case of default.
     9    §  2.  Subdivision  (c)  of section 3017 of the civil practice law and
    10  rules, as amended by chapter 694 of the laws of 2003, is amended to read
    11  as follows:
    12    (c) Personal injury or wrongful death actions. In an action to recover
    13  damages for personal injuries or wrongful death, the complaint,  summons
    14  with  notice,  counterclaim,  cross-claim,  interpleader  complaint, and
    15  third-party complaint shall contain a  prayer  for  general  relief  but
    16  shall not state the amount of damages to which the pleader deems himself
    17  or  herself entitled. If the action is brought in the supreme court, the
    18  pleading shall also state whether or not the amount  of  damages  sought
    19  exceeds the jurisdictional limits of all lower courts which would other-
    20  wise  have jurisdiction. Provided, however, that a party against whom an
    21  action to recover damages for personal injuries  or  wrongful  death  is
    22  brought, may at any time request a supplemental demand setting forth the
    23  total  damages to which the pleader deems himself or herself entitled. A
    24  supplemental demand shall be provided by the party bringing  the  action
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10174-01-9

        S. 5574                             2
     1  within fifteen days of the request. In the event the supplemental demand
     2  is  not served within fifteen days, the court, on motion, may order that
     3  it be served.  A supplemental demand served pursuant to this subdivision
     4  shall  be  treated in all respects as a demand made pursuant to subdivi-
     5  sion (a) of this section.
     6    § 3. This act shall take effect on the thirtieth day  after  it  shall
     7  have  become a law and shall apply to actions commenced on or after such
     8  date.