assembly Bill A1860

2011-2012 Legislative Session

Awards attorney fees and expert witness fees in appropriate cases

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 14, 2012 reported referred to codes
Jan 04, 2012 referred to judiciary
May 26, 2011 advanced to third reading cal.442
May 24, 2011 reported
May 10, 2011 reported referred to codes
Jan 12, 2011 referred to judiciary

Co-Sponsors

A1860 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Amd ยง297, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A8184
2013-2014: A353
2015-2016: A1998
2017-2018: A3923
2019-2020: A2475

A1860 (ACTIVE) - Summary

Awards attorney fees and expert witness fees in employment discrimination cases.

A1860 (ACTIVE) - Bill Text download pdf

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

                                  1860

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2011
                               ___________

Introduced  by  M.  of  A. DINOWITZ, WEINSTEIN, LANCMAN -- read once and
  referred to the Committee on Judiciary

AN ACT to amend the executive law, in  relation  to  providing  for  the
  award of attorney's fees and expert witness fees in appropriate cases

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

  Section 1. Subdivision 10 of section 297  of  the  executive  law,  as
added  by  section  17  of part D of chapter 405 of the laws of 1999, is
amended to read as follows:
  10. [With respect to cases of housing discrimination only, in]  IN  an
action  or  proceeding  at law under this section or section two hundred
ninety-eight of this article, the commissioner or the court may  in  its
discretion  award  reasonable  attorney's  fees  to  any  prevailing  or
substantially prevailing party; provided,  however,  that  a  prevailing
respondent  or  defendant in order to recover such reasonable attorney's
fees must make a motion requesting such fees and show that the action or
proceeding brought  was  frivolous;  and  further  provided  that  in  a
proceeding brought in the division of human rights, the commissioner may
only award attorney's fees as part of a final order after a public hear-
ing  held pursuant to subdivision four of this section. In no case shall
attorney's fees be awarded to the division, nor shall  the  division  be
liable  to a prevailing or substantially prevailing party for attorney's
fees, except in a case in which the division is a party to the action or
the proceeding in the division's capacity as an employer.  WITH  RESPECT
TO CASES OF EMPLOYMENT DISCRIMINATION ONLY, THE AWARD OF ATTORNEY'S FEES
WILL  BE  LIMITED TO THOSE CASES IN WHICH THE EMPLOYER HAS FIFTY OR MORE
EMPLOYEES. EXPERT WITNESS FEES MAY BE AWARDED  IN  THE  SAME  MANNER  AS
ATTORNEY'S  FEES. In order to find the action or proceeding to be frivo-
lous, the court or the commissioner must find in writing one or more  of
the following:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04501-01-1