Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 03, 2010 |
held for consideration in judiciary |
Apr 14, 2010 |
referred to judiciary |
Assembly Bill A10695
2009-2010 Legislative Session
Sponsored By
ORTIZ
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
David Koon
Adam Clayton Powell IV
Nelson Castro
multi-Sponsors
Dov Hikind
Robert Reilly
Annette Robinson
2009-A10695 (ACTIVE) - Details
2009-A10695 (ACTIVE) - Sponsor Memo
BILL NUMBER:A10695 TITLE OF BILL: An act to amend the judiciary law in relation to contingent fees for attorneys SUMMARY OF PROVISIONS: Amends section 5031 of the CPLR relating to periodic payment of judgment. threshold, reduces the sane from 8500,000 to $50,000 in civil actions. including malpractice. Amends section 5041 of the CPLR similarly as in the section detailed above from $250,000 to $50,000, in respect to personal injury, damage and wrongful death actions. Amends the general municipal law, she public housing law, the State finance law, chapter 585 of the laws of 1939 and the Civil Practice Law and Rules to reflect a change from nine percent to four.percent. Amends section 474-a of the Judiciary law to adopt the current medical malpractice contingency fee schedule to all actions for personal injury wrongful death. JUSTIFICATION: Recent reports have stated that personal injury trial lawyers stand to benefit at the expense Of World Trade-Center victims and the heroes
2009-A10695 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10695 I N A S S E M B L Y April 14, 2010 ___________ Introduced by M. of A. ORTIZ -- Multi-Sponsored by -- M. of A. KOON, REILLY, ROBINSON -- read once and referred to the Committee on Judici- ary AN ACT to amend the judiciary law in relation to contingent fees for attorneys THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 474-a of the judiciary law, as amended by chapter 485 of the laws of 1986, is amended to read as follows: S 474-a. Contingent fees for attorneys in claims or actions for medical, dental or podiatric malpractice, OR IN ANY CLAIM OR ACTION FOR PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH. 1. For the purpose of this section, the term "contingent fee" shall mean any attorney's fee in any claim or action for medical, dental or podiatric malpractice, OR IN ANY CLAIM OR ACTION FOR PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, whether determined by judgment or settlement, which is dependent in whole or in part upon the success of the prosecution by the attorney of such claim or action, or which is to consist of a percentage of any recovery, or a sum equal to a percentage of any recovery, in such claim or action. 2. Notwithstanding any inconsistent judicial rule, a contingent fee in a medical, dental or podiatric malpractice action, OR IN ANY CLAIM OR ACTION FOR PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, shall not exceed the amount of compensation provided for in the following schedule: 30 percent of the first $250,000 of the sum recovered; 25 percent of the next $250,000 of the sum recovered; 20 percent of the next $500,000 of the sum recovered; 15 percent of the next $250,000 of the sum recovered; 10 percent of any amount over $1,250,000 of the sum recovered. 3. Such percentages shall be computed on the net sum recovered after deducting from the amount recovered expenses and disbursements for EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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