Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 22, 2012 |
held for consideration in judiciary |
Jan 04, 2012 |
referred to judiciary |
Apr 05, 2011 |
referred to judiciary |
Assembly Bill A6904
2011-2012 Legislative Session
Sponsored By
KATZ
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 Montesano
Gary Finch
Donald R. Miller
Nancy Calhoun
multi-Sponsors
Dennis H. Gabryszak
2011-A6904 (ACTIVE) - Details
2011-A6904 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6904 2011-2012 Regular Sessions I N A S S E M B L Y April 5, 2011 ___________ Introduced by M. of A. KATZ -- read once and referred to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to the recovery of attorney's fees by the prevailing defendant party THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The civil practice law and rules is amended by adding a new article 87 to read as follows: ARTICLE 87 COUNSEL FEES AND EXPENSES GENERALLY SECTION 8700. FEES AND OTHER EXPENSES. 8701. DEFINITIONS. 8702. INTEREST. 8703. APPLICABILITY. S 8700. FEES AND OTHER EXPENSES. (A) WHEN AWARDED. IN ADDITION TO COSTS, DISBURSEMENTS AND ADDITIONAL ALLOWANCES AWARDED PURSUANT TO SECTIONS EIGHT THOUSAND TWO HUNDRED ONE THROUGH EIGHT THOUSAND TWO HUNDRED FOUR AND EIGHT THOUSAND THREE HUNDRED ONE THROUGH EIGHT THOUSAND THREE HUNDRED THREE OF THIS CHAPTER, AND EXCEPT AS OTHERWISE SPECIF- ICALLY PROVIDED BY STATUTE, A COURT SHALL AWARD TO A DEFENDANT WHO AFTER FINAL JUDGMENT IS RENDERED THE PREVAILING PARTY, FEES AND OTHER EXPENSES INCURRED BY SUCH PARTY IN DEFENSE OF SUCH CIVIL ACTION, UNLESS THE COURT FINDS THAT THE POSITION OF THE PLAINTIFF WAS SUBSTANTIALLY JUSTIFIED OR THAT SPECIAL CIRCUMSTANCES MAKE AN AWARD UNJUST. WHETHER THE POSITION OF THE PLAINTIFF WAS SUBSTANTIALLY JUSTIFIED SHALL BE DETERMINED SOLELY ON THE BASIS OF THE RECORD BEFORE THE COURT AND THE ACT, ACTS, OR FAILURE TO ACT THAT GAVE RISE TO THE CIVIL ACTION. FEES SHALL BE DETERMINED PURSUANT TO PREVAILING MARKET RATES FOR THE KIND AND QUALITY OF THE SERVICES FURNISHED, EXCEPT THAT FEES AND EXPENSES MAY NOT BE AWARDED TO A PARTY FOR ANY PORTION OF THE LITIGATION IN WHICH THE PARTY HAS UNREA- SONABLY PROTRACTED THE PROCEEDINGS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10203-01-1
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