Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
May 17, 2016 |
reported referred to codes |
Jan 06, 2016 |
referred to judiciary |
Jan 30, 2015 |
referred to judiciary |
Assembly Bill A4283
2015-2016 Legislative Session
Sponsored By
BRENNAN
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Michael Benedetto
Linda Rosenthal
Richard Gottfried
Kevin Cahill
multi-Sponsors
Vivian Cook
Jeffrey Dinowitz
Deborah Glick
Joseph Lentol
2015-A4283 (ACTIVE) - Details
2015-A4283 (ACTIVE) - Summary
Permits pre-judgment interest in personal injury actions including product liability, contract actions, actions regarding possession or enjoyment of property and equitable actions; stops running of interest at an offer of compromise without more favorable judgment; specifies times from which such interest is to be computed in various actions.
2015-A4283 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4283 2015-2016 Regular Sessions I N A S S E M B L Y January 30, 2015 ___________ Introduced by M. of A. BRENNAN, BENEDETTO, ROSENTHAL, GOTTFRIED, CAHILL, WRIGHT, TITONE, ORTIZ, ZEBROWSKI, JAFFEE, HOOPER -- Multi-Sponsored by -- M. of A. BROOK-KRASNY, CLARK, COOK, DINOWITZ, GLICK, LENTOL, MAGNARELLI, RIVERA, ROBINSON -- read once and referred to the Commit- tee on Judiciary AN ACT to amend the civil practice law and rules, in relation to offers to compromise and to computation of interest in personal injury actions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Rule 3221 of the civil practice law and rules is amended to read as follows: Rule 3221. Offer to compromise. Except in a matrimonial action, at any time not later than ten days before trial, any party against whom a claim is asserted, and against whom a separate judgment may be taken, may serve upon the claimant a written offer to allow judgment to be taken against [him] THAT PARTY for a sum or property or to the effect therein specified, with costs then accrued. If within ten days there- after the claimant serves a written notice [that he accepts] ACCEPTING the offer, either party may file the summons, complaint and offer, with proof of acceptance, and thereupon the clerk shall enter judgment accordingly. If the offer is not accepted and the claimant fails to obtain a more favorable judgment, [he] THE CLAIMANT shall not recover costs OR INTEREST from the time of the offer, but shall pay costs from that time. An offer of judgment shall not be made known to the jury. S 2. Subdivisions (a) and (b) of section 5001 of the civil practice law and rules are amended to read as follows: (a) Actions in which recoverable. 1. Interest TO VERDICT, REPORT OR DECISION shall be recovered upon a sum awarded [because of a breach of performance of a] IN AN ACTION BASED ON PERSONAL INJURY, contract, or EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01710-01-5
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