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