Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 18, 2009 |
print number 6563a |
May 18, 2009 |
amend and recommit to codes |
Mar 06, 2009 |
referred to codes |
Assembly Bill A6563
2009-2010 Legislative Session
Sponsored By
WEPRIN
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2009-A6563 - Details
2009-A6563 - Summary
Provides that itemized bills or invoices, receipted or marked paid, for services, supplies or repairs of an amount not in excess of ten thousand dollars are admissible in evidence and are prima facie evidence of the reasonable value and necessity of such services, supplies or repairs itemized therein in any civil action.
2009-A6563 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6563 2009-2010 Regular Sessions I N A S S E M B L Y March 6, 2009 ___________ Introduced by M. of A. WEPRIN -- read once and referred to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to bills as prima facie proof of damages THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Rule 4533-a of the civil practice law and rules, as amended by chapter 249 of the laws of 1988, is amended to read as follows: Rule 4533-a. [Prima] BILLS AS PRIMA facie proof of damages. [An item- ized bill] (A) ITEMIZED BILLS or [invoice] INVOICES, receipted or marked paid, for services, SUPPLIES or repairs of an amount not in excess of [two] TEN thousand dollars [is] ARE admissible in evidence and [is] ARE prima facie evidence of the reasonable value and necessity of such services, SUPPLIES or repairs itemized therein in any civil action provided [it] ANY SUCH BILL OR INVOICE bears a certification by the person, firm or corporation, or an authorized agent or employee thereof, [rendering] FURNISHING such services OR SUPPLIES or making such repairs and charging for the same, and contains a verified statement that no part of the payment received therefor will be refunded to the debtor, and that the amounts itemized therein are the usual and customary rates charged for such services, SUPPLIES or repairs by the affiant or his employer; and provided further that a true copy of such itemized bill or invoice together with a notice of intention to introduce such bill or invoice into evidence pursuant to this rule is served upon each party at least ten days before the trial. No more than [one bill] TWO BILLS or [invoice] INVOICES from the same person, firm or corporation to the same debtor shall be admissible in evidence under this rule in the same action, THE SECOND BILL TO BE ONLY FOR SERVICES, SUPPLIES OR REPAIRS WHICH PERTAIN TO SUCH CLAIM, SUPPLEMENTAL TO THE FIRST BILL FROM THE SAME PROVIDER, AND PROVIDING THAT THE SUM OF BOTH BILLS DOES NOT EXCEED TEN THOUSAND DOLLARS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09269-01-9
2009-A6563A (ACTIVE) - Details
2009-A6563A (ACTIVE) - Summary
Provides that itemized bills or invoices, receipted or marked paid, for services, supplies or repairs of an amount not in excess of ten thousand dollars are admissible in evidence and are prima facie evidence of the reasonable value and necessity of such services, supplies or repairs itemized therein in any civil action.
2009-A6563A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6563--A 2009-2010 Regular Sessions I N A S S E M B L Y March 6, 2009 ___________ Introduced by M. of A. WEPRIN -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the civil practice law and rules, in relation to bills as prima facie proof of damages THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Rule 4533-a of the civil practice law and rules, as amended by chapter 249 of the laws of 1988, is amended to read as follows: Rule 4533-a. [Prima] BILLS AS PRIMA facie proof of damages. [An item- ized bill] (A) ITEMIZED BILLS or [invoice] INVOICES, receipted or marked paid, for services, SUPPLIES or repairs of an amount not in excess of [two] TEN thousand dollars [is] ARE admissible in evidence and [is] ARE prima facie evidence of the reasonable value and necessity of such services, SUPPLIES or repairs itemized therein in any civil action provided [it] ANY SUCH BILL OR INVOICE bears a certification by the person, firm or corporation, or an authorized agent or employee thereof, [rendering] FURNISHING such services OR SUPPLIES or making such repairs and charging for the same, and contains a verified statement that no part of the payment received therefor will be refunded to the debtor, and that the amounts itemized therein are the usual and customary rates charged for such services, SUPPLIES or repairs by the affiant or his employer; and provided further that a true copy of such itemized bill or invoice together with a notice of intention to introduce such bill or invoice into evidence pursuant to this rule is served upon each party at least ten days before the trial. No more than [one bill] TWO BILLS or [invoice] INVOICES from the same person, firm or corporation to the same debtor shall be admissible in evidence under this rule in the same action, THE SECOND BILL TO BE ONLY FOR SERVICES, SUPPLIES OR REPAIRS WHICH PERTAIN TO SUCH CLAIM, SUPPLEMENTAL TO THE FIRST BILL FROM THE SAME PROVIDER, AND PROVIDING THAT THE SUM OF BOTH BILLS DOES NOT EXCEED EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09269-02-9
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