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History
- Committee discharged and committed to judiciary
- Referred to codes
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S2116
Title of bill
An act to amend the civil practice law and rules, in relation to prayer for damages in negligence actions
Summary
This bill would amend CPLR 3017 to prohibit the pleader in negligence actions from stating a specific amount of damages to which he deems himself entitled. It would, however, permit the party against whom a negligence action is brought to obtain such information.
Justification
In 1975, the legislature added a new subdivision (c) to section 3017 of the CPLR to prohibit the pleader in medical malpractice actions from stating the amount of relief to which he deems himself entitled, but, permitting the party against whom an action is brought to obtain such information. At that time, this restriction was enacted in an attempt to reduce many of the abuses of the medical malpractice system, such as as excessive damage awards. Because plantiffs frequently made emotional and unrealistic demands in their complaints, juries and courts frequently entered excessive awards. A similar problem exists today regarding negligence actions. This bill, by extending the restriction on stating a specific damage figure in the pleadings to all negligence actions, would help alleviate this problem.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.