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Assembly Bill A6569

2011-2012 Legislative Session

Enacts the "jury judgment restoration act"

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Archive: Last Bill Status - In Assembly Committee

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2011-A6569 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง5501, Civ Serv L

2011-A6569 (ACTIVE) - Summary

Enacts the "jury judgment restoration act".

2011-A6569 (ACTIVE) - Bill Text download pdf 

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

                                  6569

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 22, 2011
                               ___________

Introduced  by M. of A. LANCMAN -- read once and referred to the Commit-
  tee on Judiciary

AN ACT to amend the civil practice law and rules, in relation to  enact-
  ing the "jury judgment restoration act"

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

  Section 1. This act shall be known and may be cited as the "jury judg-
ment restoration act".
  S 2. Subdivision (c) of section 5501 of the  civil  practice  law  and
rules, as amended by chapter 474 of the laws of 1997, is amended to read
as follows:
  (c)  Appellate division. The appellate division shall review questions
of law and questions of fact on an appeal from a judgment or order of  a
court of original instance and on an appeal from an order of the supreme
court,  a  county court or an appellate term determining an appeal.  The
notice of appeal from an order directing summary judgment, or  directing
judgment  on  a  motion  addressed  to the pleadings, shall be deemed to
specify a judgment upon said order entered after service of  the  notice
of appeal and before entry of the order of the appellate court upon such
appeal, without however affecting the taxation of costs upon the appeal.
In  reviewing a money judgment in an action in which an itemized verdict
is required by rule forty-one hundred eleven of this chapter in which it
is contended that the award is excessive or inadequate and  that  a  new
trial  should  have  been  granted  unless a stipulation is entered to a
different award, the appellate division shall determine that an award is
excessive or inadequate if it deviates materially  from  what  would  be
reasonable  compensation,  BASED ON AWARDS RENDERED BY JURIES IN SIMILAR
CASES.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10378-01-1

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