New York S 10035: Modernizes, improves fairness, efficiency, transparency, and reduces costs in civil justice procedures; repealer

Bill Text

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S10035 Summary:

BILL NOS10035 

&nbsp

SAME ASSAME AS A11203

&nbsp

SPONSORSEPULVEDA

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Rpld §214-a, amd CPLR, generally; add Art 45-B §§1530 - 1534, Gen Bus L; add §5-338, amd §15-108, Gen Ob L

&nbsp

Modernizes, improves fairness, efficiency, transparency, and reduces costs in civil justice procedures; clarifies disclosure and discovery procedures to further protect litigants' rights.

Go to top S10035 Actions:

BILL NOS10035 

&nbsp

04/24/2026REFERRED TO JUDICIARY

Go to topS10035 Committee&nbspVotes:

Go to topS10035 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS10035 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10035

 IN SENATE

 April 24, 2026
 ___________

 Introduced by Sen. SEPULVEDA -- 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, the general business
 law and the general obligations law, in relation to modernizing,
 improving fairness, efficiency, transparency, and reducing costs in
 civil justice procedures; and to repeal certain provisions of the
 civil practice law and rules relating thereto

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Legislative intent and findings. The legislature finds that
 2 substantial and unnecessary costs, delays, and disputes have developed
 3 in New York's civil justice system. This act is intended to promote
 4 fairness, transparency, efficiency, and reduce costs and delays by clar-
 5 ifying disclosure and discovery procedures, reducing abusive practices,
 6 protecting litigants' rights, and modernizing court procedures.
 7 The legislature finds that substantial and unnecessary motion practice
 8 has developed around improper demands for bills of particulars in civil
 9 litigation. These disputes often burden courts, delay proceedings, and
 10 increase litigation costs for both litigants and the judiciary.
 11 It is the intent of this legislation to codify the permissible scope
 12 of such demands, itemize allowable requests by case type, prohibit
 13 improper and overbroad demands, reduce motion practice, conserve judi-
 14 cial resources, promote uniformity and fairness in litigation, and
 15 streamline and expedite litigation in personal injury, wrongful death,
 16 and medical, dental, and podiatric malpractice cases.
 17 § 2. Section 214-a of the civil practice law and rules is REPEALED and
 18 a new section 214-a is added to read as follows:
 19 § 214-a. Action for medical, dental or podiatric malpractice;
 20 commencement. An action for medical, dental, or podiatric malpractice
 21 shall be commenced within two years and six months of the later of
 22 either (a) when the claimant knew or reasonably should have known of
 23 such alleged negligent act or omission and knew or reasonably should
 24 have known that such act or omission caused injury, or (b) the date of
 25 the last treatment where there is continuous treatment for the same

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15151-02-6

 S. 10035 2

 1 illness, injury, or condition that gave rise to the act, omission, or
 2 failure, whichever is later. In no event shall any such action be
 3 commenced more than seven years after the alleged act, omission, or
 4 failure, except where fraudulent concealment of the malpractice has
 5 occurred. The provisions of this section shall not impair the applica-
 6 bility of equitable estoppel where the defendant's affirmative miscon-
 7 duct prevented timely filing.
 8 § 3. Section 1015 of the civil practice law and rules is amended by
 9 adding a new subdivision (c) to read as follows:
 10 (c) Representatives; pending action. When no personal representative
 11 has been appointed for a deceased defendant, and no insurance carrier
 12 for the defendant is denying insurance coverage or proceeding pursuant
 13 to a reservation of rights, and the plaintiff agrees to limit their
 14 recovery to an amount not exceeding the proceeds of the deceased defend-
 15 ant's available insurance coverage, the supreme court, upon motion o