Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to codes |
Jun 19, 2009 |
print number 4255a |
Jun 19, 2009 |
amend (t) and recommit to codes |
Apr 20, 2009 |
referred to codes |
Senate Bill S4255
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Codes 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
co-Sponsors
(D) Senate District
(D, WF) Senate District
(D, WF) 28th Senate District
(D, WF) 21st Senate District
2009-S4255 - Details
- Current Committee:
- Senate Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §§1603 & 3018, R3043, CPLR
2009-S4255 - Sponsor Memo
BILL NUMBER: S4255 TITLE OF BILL : An act to amend the civil practice law and rules, in relation to the categories of information that may be required in a bill of particulars in personal injury actions This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Advisory Committee on Civil Practice. This measure would amend CPLR 3043(a) to further and improve the statute's intended purposes: viz., amplifying the pleadings, limiting the proof and scope of inquiry at trial, and preventing surprise - all while avoiding undue burdens upon any party. The measure would not alter or limit the court's discretion to deny anyone or more of the particulars of CPLR 3043 or to grant other, further or different particulars in a proper case. It will serve judicial economy by curtailing motion practice regarding the nature and scope of claims and will expedite discovery by requiring parties to more clearly set forth theories of liability. Rule 3043, governing bills of particulars in personal injury actions, has remained largely unchanged since its enactment effective September
2009-S4255 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4255 2009-2010 Regular Sessions I N S E N A T E April 20, 2009 ___________ Introduced by Sens. SCHNEIDERMAN, DIAZ, PARKER -- (at request of the Office of Court Administration) -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to the categories of information that may be required in a bill of partic- ulars in personal injury actions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (a) of rule 3043 of the civil practice law and rules, paragraph 6 as amended by chapter 805 of the laws of 1984, is amended to read as follows: (a) Specified particulars. In actions to recover for personal injuries the following particulars may be required: (1) The date and approximate time of day of the occurrence; (2) [Its approximate] THE location OF THE OCCURRENCE; (3) [General] A DETAILED statement of the acts or omissions constitut- ing the negligence claimed; (4) Where notice of a condition is a prerequisite, whether actual or constructive notice is claimed; (5) If actual notice is claimed, a statement of when [and] IT WAS GIVEN, to whom it was given, AND THE MEANS BY WHICH IT WAS GIVEN; (6) Statement of the injuries and description of those claimed to be permanent, and in an action designated in subsection (a) of section five thousand one hundred four of the insurance law, for personal injuries arising out of negligence in the use or operation of a motor vehicle in this state, in what respect plaintiff has sustained a serious injury, as defined in subsection (d) of section five thousand one hundred two of the insurance law, or economic loss greater than basic economic loss, as defined in subsection (a) of section five thousand one hundred two of the insurance law; (7) Length of time confined to bed and to house; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10092-01-9
co-Sponsors
(D) Senate District
(D, WF) Senate District
(D, WF) 28th Senate District
(D, WF) 21st Senate District
2009-S4255A (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §§1603 & 3018, R3043, CPLR
2009-S4255A (ACTIVE) - Sponsor Memo
BILL NUMBER: S4255A TITLE OF BILL : An act to amend the civil practice law and rules, in relation to pleading a defense premised upon article 16 of such law and rules and modifying the contents of a bill of particulars to expand the categories of information that may be required This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Advisory Committee on Civil Practice. This measure would amend CPLR 3043(a) to further and improve the statute's intended purposes: viz., amplifying the pleadings, limiting the proof arid scope of inquiry at trial, and preventing surprise - all while avoiding undue burdens upon any party. The measure would not alter or limit the court's discretion to deny any one or more of the particulars of CPLR 3043 or to grant other, further or different particulars in a proper case. It will serve judicial economy by curtailing motion practice regarding the nature and scope of claims and will expedite discovery by requiring parties to more clearly set forth theories of liability. Rule 3043, governing bills of particulars in personal injury actions, has remained largely unchanged since its enactment effective September 1, 1964. Under the CPLR, interrogatories generally are not permitted in personal injury actions (CPLR 3130(1)). Unless a party waives the
2009-S4255A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4255--A 2009-2010 Regular Sessions I N S E N A T E April 20, 2009 ___________ Introduced by Sens. SCHNEIDERMAN, DIAZ, HASSELL-THOMPSON, KRUEGER, PARK- ER -- (at request of the Office of Court Administration) -- read twice and ordered printed, and when printed to be committed 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 plead- ing a defense premised upon article 16 of such law and rules and modi- fying the contents of a bill of particulars to expand the categories of information that may be required THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1603 of the civil practice law and rules, as amended by chapter 635 of the laws of 1996, is amended to read as follows: S 1603. Burdens of proof. In any action or claim for damages for personal injury a party asserting that the limitations on liability set forth in this article do not apply shall allege and prove by a prepon- derance of the evidence that one or more of the exemptions set forth in subdivision one of section [sixteen hundred one] 1601 or section [sixteen hundred two] 1602 applies. A party asserting limited liability pursuant to this article shall have the burden of ALLEGING AND proving by a preponderance of the evidence THAT its equitable share of the total liability IS FIFTY PERCENT OR LESS OF THE TOTAL LIABILITY ASSIGNED TO ALL PERSONS LIABLE. S 2. Subdivision (b) of section 3018 of the civil practice law and rules, as amended by chapter 504 of the laws of 1980, is amended to read as follows: (b) Affirmative defenses. A party shall plead all matters which if not pleaded would be likely to take the adverse party by surprise or would raise issues of fact not appearing on the face of a prior pleading such as arbitration and award, collateral estoppel, culpable conduct claimed EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10092-02-9
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