Assembly Bill A560

2009-2010 Legislative Session

Allows the court to impose certain sanctions when claimant fails to accept a fair and equitable offer of compromise

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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

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2009-A560 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R3221, CPLR

2009-A560 (ACTIVE) - Summary

Allows the court to impose certain monetary sanctions when claimant fails to accept a fair and equitable offer of compromise.

2009-A560 (ACTIVE) - Bill Text download pdf 

                            
                    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

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