Provides that 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 in a civil action if accompanied by proper certification from the person rendering such services or making such repairs.
STATE OF NEW YORK
________________________________________________________________________
7517
2023-2024 Regular Sessions
IN SENATE
June 2, 2023
___________
Introduced by Sen. SEPULVEDA -- (at request of the Office of Court
Administration) -- read twice and ordered printed, and when printed to
be committed to the Committee on Rules
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
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Rule 4533-a of the civil practice law and rules, as
2 amended by chapter 249 of the laws of 1988, is amended to read as
3 follows:
4 Rule 4533-a. Prima facie proof of damages. An itemized bill or
5 invoice, receipted or marked paid, for services or repairs of an amount
6 not in excess of [two] five thousand dollars is admissible in evidence
7 and is prima facie evidence of the reasonable value and necessity of
8 such services or repairs itemized therein in any civil action provided
9 it bears a certification by the person, firm or corporation, or an
10 authorized agent or employee thereof, rendering such services or making
11 such repairs and charging for the same, and contains a verified state-
12 ment that no part of the payment received therefor will be refunded to
13 the debtor, and that the amounts itemized therein are the usual and
14 customary rates charged for such services or repairs by the affiant or
15 his or her employer; and provided further that a true copy of such item-
16 ized bill or invoice together with a notice of intention to introduce
17 such bill or invoice into evidence pursuant to this rule is served upon
18 each party at least ten days before the trial. No more than one bill or
19 invoice from the same person, firm or corporation to the same debtor
20 shall be admissible in evidence under this rule in the same action.
21 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03468-01-3
