Bill Text: NY S08288 | 2017-2018 | General Assembly | Introduced


Bill Title: Exempts all personal injury or wrongful death actions from requiring a sum of money to be on the summons which will be the judgment in the event of a default.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S08288 Detail]

Download: New_York-2017-S08288-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          8288
                    IN SENATE
                                     April 26, 2018
                                       ___________
        Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
          istration) -- 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. This act shall take effect immediately and  shall  apply  to  all
    10  pending actions.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14647-01-8
feedback