S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    457
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by M. of A. STECK, GOTTFRIED -- 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.
   § 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.
                                                            LBD03377-01-9