Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 08, 2010 |
3rd reading cal.132 substituted for s4534 |
Mar 04, 2010 |
referred to codes delivered to senate passed assembly |
Jan 06, 2010 |
ordered to third reading cal.493 returned to assembly died in senate |
Jul 16, 2009 |
committed to rules |
Jun 02, 2009 |
3rd reading cal.457 substituted for s4534 |
May 06, 2009 |
referred to codes delivered to senate passed assembly |
Apr 30, 2009 |
advanced to third reading cal.491 |
Apr 28, 2009 |
reported |
Apr 02, 2009 |
referred to judiciary |
Assembly Bill A7395
2009-2010 Legislative Session
Sponsored By
SCHIMMINGER
Archive: Last Bill Status - On Floor Calendar
- 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
Helene Weinstein
Matthew Titone
Amy Paulin
Ellen C. Jaffee
multi-Sponsors
Francine DelMonte
Richard Gottfried
David Koon
Nettie Mayersohn
2009-A7395 (ACTIVE) - Details
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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