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:
    1    Section 1. Rule 4533-a of the civil practice law and rules, as amended
    2  by chapter 249 of the laws of 1988, is amended to read as follows:
    3    Rule  4533-a.  Prima  facie  proof  of  damages.  An  itemized bill or
    4  invoice, receipted or marked paid, for services or repairs of an  amount
    5  not  in excess of [two] FORTY thousand dollars is admissible in evidence
    6  and is prima facie evidence of the reasonable  value  and  necessity  of
    7  such  services  or repairs itemized therein in any civil action provided
    8  it bears a certification by the  person,  firm  or  corporation,  or  an
    9  authorized  agent or employee thereof, rendering such services or making
   10  such repairs and charging for the same, and contains a  verified  state-
   11  ment  that  no part of the payment received therefor will be refunded to
   12  the debtor, and that the amounts itemized  therein  are  the  usual  and
   13  customary  rates  charged for such services or repairs by the affiant or
   14  his employer; and provided further that a true  copy  of  such  itemized
   15  bill  or  invoice  together with a notice of intention to introduce such
   16  bill or invoice into evidence pursuant to this rule is served upon  each
   17  party  at  least  ten  days  before  the trial. No more than one bill or
   18  invoice from the same person, firm or corporation  to  the  same  debtor
   19  shall be admissible in evidence under this rule in the same action.
   20    S  2.  This  act  shall take effect on the sixtieth day after it shall
   21  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09762-01-3