S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6870

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 23, 2013
                               ___________

Introduced  by M. of A. STECK -- read once and referred to the Committee
  on Judiciary

AN ACT to amend the  civil  practice  law  and  rules,  in  relation  to
  increasing  the  amount of prima facie proof of damages from two thou-
  sand dollars to forty thousand dollars

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  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 read as follows:
  Rule  4533-a.  Prima  facie  proof  of  damages.  An  itemized bill or
invoice, receipted or marked paid, for services or repairs of an  amount
not  in excess of [two] FORTY 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 any civil action provided
it bears a certification by the  person,  firm  or  corporation,  or  an
authorized  agent or employee thereof, rendering such services or making
such repairs and charging for the same, and contains a  verified  state-
ment  that  no part of the payment received therefor will be refunded to
the debtor, and that the amounts itemized  therein  are  the  usual  and
customary  rates  charged for such services or repairs by the affiant or
his employer; and provided further that a true  copy  of  such  itemized
bill  or  invoice  together with a notice of intention to introduce such
bill or invoice into evidence pursuant to this rule is served upon  each
party  at  least  ten  days  before  the trial. No more than one bill or
invoice from the same person, firm or corporation  to  the  same  debtor
shall be admissible in evidence under this rule in the same action.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09762-01-3