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Assembly Bill A7395

2009-2010 Legislative Session

Expands the definition of "prevailing party" for purposes of counsel fees and expenses in certain actions against the state

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Archive: Last Bill Status - On Floor Calendar

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2009-A7395 (ACTIVE) - Details

See Senate Version of this Bill:
S4534
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง8602, CPLR
Versions Introduced in Other Legislative Sessions:
2011-2012: A3264, S5131
2013-2014: A2068, S713

2009-A7395 (ACTIVE) - Summary

Expands the definition of "prevailing party" for purposes of counsel fees and expenses in certain actions against the state, to include a party whose pursuit of a non-frivolous claim or defense was a catalyst for a voluntary or unilateral change in position by the opposing party that provides any significant part of the relief sought.

2009-A7395 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7395

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              April 2, 2009
                               ___________

Introduced  by  M. of A. SCHIMMINGER, WEINSTEIN, TITONE, PAULIN, JAFFEE,
  CHRISTENSEN, LANCMAN -- Multi-Sponsored by -- M. of A. DelMONTE, GOTT-
  FRIED, KOON, MAYERSOHN, MILLMAN, SWEENEY, WEISENBERG -- read once  and
  referred to the Committee on Judiciary

AN  ACT  to  amend  the civil practice law and rules, in relation to the
  definition of "prevailing party" for  purposes  of  counsel  fees  and
  expenses in certain actions against the state

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (f) of section 8602 of the civil  practice  law
and  rules,  as  added by chapter 770 of the laws of 1989, is amended to
read as follows:
  (f) "Prevailing party" means a plaintiff or petitioner  in  the  civil
action  against  the  state who prevails in whole or in substantial part
where such party and the state prevail upon separate issues.   THE  TERM
"PREVAILING  PARTY"  SHALL  INCLUDE, IN ADDITION TO A PARTY WHO SUBSTAN-
TIALLY PREVAILS THROUGH A JUDICIAL OR ADMINISTRATIVE JUDGMENT OR  ORDER,
OR AN ENFORCEABLE WRITTEN AGREEMENT, A PARTY WHOSE PURSUIT OF A NON-FRI-
VOLOUS  CLAIM  WAS  A  CATALYST  FOR A VOLUNTARY OR UNILATERAL CHANGE IN
POSITION BY THE OPPOSING PARTY THAT PROVIDES ANY SIGNIFICANT PART OF THE
RELIEF SOUGHT.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD10139-02-9

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