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Assembly Bill A7801

2021-2022 Legislative Session

Relates to prima facie proof of damages

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Archive: Last Bill Status - In Assembly Committee

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2021-A7801 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R4533-a, CPLR

2021-A7801 (ACTIVE) - Summary

Relates to prima facie proof of damages; provides that except in small claims actions, an itemized bill or invoice, receipted or marked paid, for services or repairs of an amount not in excess of five thousand dollars is admissible in evidence and is prima facie evidence of the reasonable value and necessity of such services or repairs itemized therein.

2021-A7801 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7801
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 21, 2021
                                ___________
 
 Introduced  by  M.  of  A.  LAVINE -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on  Judici-
   ary
 
 AN  ACT  to amend the civil practice law and rules, in relation to 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 facie proof of damages. [An] EXCEPT IN SMALL CLAIMS
 ACTIONS  AS DEFINED BY SECTION EIGHTEEN HUNDRED ONE OF THE NEW YORK CITY
 CIVIL COURT ACT, SECTION EIGHTEEN HUNDRED ONE OF THE UNIFORM CITY  COURT
 ACT, SECTION EIGHTEEN HUNDRED ONE OF THE UNIFORM DISTRICT COURT ACT, AND
 SECTION  EIGHTEEN HUNDRED ONE OF THE UNIFORM JUSTICE COURT ACT, AN item-
 ized bill or invoice, receipted or marked paid, for services or  repairs
 of  an amount not in excess of [two] FIVE thousand dollars is admissible
 in evidence and is prima facie evidence  of  the  reasonable  value  and
 necessity  of  such  services  or  repairs itemized therein in any civil
 action provided it bears a certification by the person, firm  or  corpo-
 ration,  or  an  authorized  agent  or  employee thereof, rendering such
 services 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 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  intro-
 duce  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  or  invoice  from the same person, firm or corporation to the same
 debtor shall be admissible in evidence  under  this  rule  in  the  same
 action.
   ยง  2.  This  act  shall take effect immediately and shall apply to all
 actions and proceedings commenced on and after such effective date.

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