S T A T E O F N E W Y O R K
________________________________________________________________________
560
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to failure
to accept certain offers to compromise
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 WITH A NOTICE AND COPY TO THE COURT a writ-
ten offer to allow judgment to be taken against him for a sum or proper-
ty or to the effect therein specified, with costs then accrued. If with-
in ten days thereafter the claimant serves a written notice that he
accepts 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 COURT IS OF
THE OPINION THAT SUCH OFFER IS FAIR AND EQUITABLE, THE COURT MAY RULE
THAT IF THE CLAIMANT FAILS TO OBTAIN A MORE FAVORABLE JUDGMENT THAT
EITHER THE JUDGMENT BE REDUCED BY TEN PERCENT OR THE ATTORNEY FOR THE
CLAIMANT MAY NOT COLLECT A CONTINGENT FEE THAT IS GREATER THAN FIFTEEN
PERCENT OF THE AMOUNT OF THE JUDGMENT. If the offer is not accepted and
the claimant fails to obtain a more favorable judgment, he shall not
recover costs 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. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00421-01-9