STATE OF NEW YORK
       ________________________________________________________________________
 
                                          295
 
                              2001-2002 Regular Sessions
 
                    IN SENATE
 
                                      (Prefiled)
 
                                    January 3, 2001
                                      ___________
 
       Introduced  by  Sen.  KRUGER -- 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  prayer
         for damages in negligence actions
 
         The  People of the State of New York, represented in Senate and Assem-
       bly, do enact as follows:
 
    1    Section 1. Subdivision (c) of section 3017 of the civil  practice  law
    2  and  rules, as amended by chapter 442 of the laws of 1989, is amended to
    3  read as follows:
    4    (c) Medical or dental malpractice action, negligence action or  action
    5  against  a  municipal  corporation.  In  an action for medical or dental
    6  malpractice, negligence action or  in  an  action  against  a  municipal
    7  corporation, as defined in section two of the general municipal law, the
    8  complaint, counterclaim, cross-claim, interpleader complaint, and third-
    9  party  complaint shall contain a prayer for general relief but shall not
   10  state the amount of damages to which the pleader deems himself entitled.
   11  If the action is brought in the supreme court, the pleading  shall  also
   12  state  whether or not the amount of damages sought exceeds the jurisdic-
   13  tional limits of all lower courts which would otherwise  have  jurisdic-
   14  tion.    Provided,  however,  that  a  party  against whom an action for
   15  medical or dental malpractice or negligence is brought or the  municipal
   16  corporation, may at any time request a supplemental demand setting forth
   17  the total damages to which the pleader deems himself entitled. A supple-
   18  mental  demand shall be provided by the party bringing the action within
   19  fifteen days of the request. In the event the supplemental demand is not
   20  served within fifteen days, the court, on motion, may order that  it  be
   21  served.  A supplemental demand served pursuant to this subdivision shall
   22  be treated in all respects as a demand made pursuant to subdivision  (a)
   23  of this section.
   24    § 2. This act shall take effect immediately.
 
        EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03509-01-1

 
BILL NUMBER: S295
 
SPONSOR: KRUGER

 
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 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
excessive damage awards. Because plaintiffs frequently made emotional
and unrealistic demands in their complaints, juries and courts frequent-
ly 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.