BILL NUMBER: S7517REVISED 5/14/24

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to provid-
ing for the admissibility in evidence of certain itemized bills or
invoices for services or repairs not in excess of five thousand dollars
as prima facie proof of damages

 
PURPOSE:

This is one of several measures being introduced at the request of the
Acting Chief Administrative Judge upon the recommendation of her Advi-
sory Committee on Evidence.

This measure would amend CPLR 4533-a to increase, from $2,000 to $5,000,
the amount of an itemized bill or invoice for services or repairs that
may be admitted in a civil proceeding as prima facie evidence of the
reasonable value and necessity of such services or repairs.

The $2,000 ceiling now established by rule 4533-a was fixed in 1988.
Adjusting the ceiling to $5,000 will reflect inflation in the value of
              

the dollar over the ensuing 35 years.

This measure will effectively harmonize the CPLR with practice in the
small claims parts of the lower civil courts, where there is no monetary
cap restricting the value of invoices and estimates admissible in those
parts (where monetary jurisdiction currently may be asserted for claims
up to $5,000). See e.g., New York City Civil Court Act § 1804; Uniform
City Court Act § 1804.

 
SUMMARY OF PROVISIONS:

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 change the amount from
two thousand dollars to five thousand dollars, and to account for both
males and females.

 
JUSTIFICATION:

The admissibility in evidence of certain itemized bills or invoices for
services or repairs not in excess of five thousand dollars as prima
facie proof of damages serves as an efficient and pragmatic approach
within legal proceedings. Setting this threshold streamlines the eviden-
tial process, saving valuable time and resources for both parties
involved. By allowing these itemized bills or invoices as prima facie
proof of damages, it simplifies the burden of proof for plaintiffs,
especially in cases where the damages are relatively minor. This
approach acknowledges the practical reality that pursuing extensive
evidence for smaller claims can be disproportionately burdensome. More-
over, it promotes fairness by ensuring that legitimate claims for modest
damages are not unduly hindered by procedural complexities, ultimately
facilitating more accessible and equitable access to justice for all
parties.

A $5,000 limit for admissibility of itemized bills or invoices as prima
facie proof of damages offers several advantages over a $2,000 limit.
Firstly, it aligns better with the current economic landscape, where the
cost of services and repairs can often exceed $2,000, especially in
cases involving property damage or medical expenses. A $5,000 threshold
provides a more realistic reflection of the expenses incurred in many
common scenarios, ensuring that a broader range of legitimate claims can
be efficiently processed without undue procedural hurdles. Furthermore,
a $5,000 threshold strikes a balance between accessibility to justice
and safeguarding against potential abuse, as it offers a reasonable
compromise between expediting minor claims and maintaining accountabil-
ity in the legal process. Overall, a $5,000 limit better serves the
needs of both plaintiffs and defendants by fostering a more balanced and
effective approach to evidentiary standards in legal proceedings.

 
LEGISLATIVE HISTORY:

OCA-92

 
FISCAL IMPLICATIONS:

This measure would have no fiscal impact upon the public.

 
EFFECTIVE DA'1E:

This act shall take effect immediately.