Bill Text: NY S08918 | 2017-2018 | General Assembly | 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) 2018-06-04 - REFERRED TO RULES [S08918 Detail]
Download: New_York-2017-S08918-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8918 IN SENATE June 4, 2018 ___________ Introduced by Sen. O'MARA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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 24 total damages to which the pleader deems himself or herself entitled. A 25 supplemental demand shall be provided by the party bringing the action 26 within fifteen days of the request. In the event the supplemental demand EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13919-04-8S. 8918 2 1 is not served within fifteen days, the court, on motion, may order that 2 it be served. A supplemental demand served pursuant to this subdivision 3 shall be treated in all respects as a demand made pursuant to subdivi- 4 sion (a) of this section. 5 § 3. Subdivision 2 of section 50-e of the general municipal law, as 6 amended by chapter 62 of the laws of 1983, is amended to read as 7 follows: 8 2. Form of notice; contents. The notice shall be in writing, sworn to 9 by or on behalf of the claimant, and shall set forth: (1) the name and 10 post-office address of each claimant, and of his or her attorney, if 11 any; (2) the nature of the claim; (3) the time when, the place where and 12 the manner in which the claim arose; and (4) the items of damage or 13 injuries claimed to have been sustained so far as then practicable but a 14 notice with respect to a claim against a municipal corporation [other15than a city with a population of one million or more persons] shall not 16 state the amount of damages to which the claimant deems himself or 17 herself entitled, provided, however, that the municipal corporation[,18other than a city with a population of one million or more persons,] may 19 at any time request a supplemental claim setting forth the total damages 20 to which the claimant deems himself or herself entitled. A supplemental 21 claim shall be provided by the claimant within fifteen days of the 22 request. In the event the supplemental demand is not served within 23 fifteen days, the court, on motion, may order that it be provided by the 24 claimant. 25 § 4. This act shall take effect on the thirtieth day after it shall 26 have become a law, and shall apply to actions commenced on or after such 27 date.