Exempts all personal injury or wrongful death actions from requiring a sum of money to be on the summons which will be the judgment in the event of a default.
STATE OF NEW YORK
________________________________________________________________________
8288
IN SENATE
April 26, 2018
___________
Introduced by Sen. BONACIC -- (at request of the Office of Court Admin-
istration) -- read twice and ordered printed, and when printed to be
committed to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to the
content of a summons with notice in certain actions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (b) of rule 305 of the civil practice law and
2 rules, as amended by chapter 528 of the laws of 1978, is amended to read
3 as follows:
4 (b) Summons and notice. If the complaint is not served with the
5 summons, the summons shall contain or have attached thereto a notice
6 stating the nature of the action and the relief sought, and, except in
7 an action for [medical malpractice] personal injury or wrongful death,
8 the sum of money for which judgment may be taken in case of default.
9 § 2. This act shall take effect immediately and shall apply to all
10 pending actions.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14647-01-8
