|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Mar 08, 2011||committee discharged and committed to judiciary|
|Jan 26, 2011||referred to codes|
senate Bill S2578
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2578 (ACTIVE) - Details
S2578 (ACTIVE) - Summary
Authorizes the imposition of monetary sanctions in any civil action or proceeding upon a written finding of the court that a party or attorney has brought a claim or employed procedures entirely without merit and in bad faith; authorizes an additional interest at 150% of the legal rate in cases where frivolous delaying tactics had been interposed to avoid entry of a money judgment; requires notice be given of the courts view that sanctions may be called for prior to imposition of sanctions; provides for appellate review of order granting sanctions… (view more) provides that an action shall not be deemed frivolous solely because a novel or unusual argument or principle of law was advanced.
S2578 (ACTIVE) - Sponsor Memo
BILL NUMBER: S345 TITLE OF BILL : An act to amend the civil practice law and rules, in relation to expenses, penalties and additional interest for frivolous actions or procedures and to repeal certain provisions of such law relating thereto PURPOSE OR GENERAL IDEA OF BILL : To establish clear statutory authority empowering the courts of the State to impose monetary sanctions in any action or proceeding under the civil practice law and rules as a deterrent to and penalty for unmeritorious, bad faith litigation, as encouraged by the Court of Appeals in its decision in A.G. SHIP MAINTENANCE CORP. V. LEZAK , 69 N.Y. 2d 1,4 (1986). SUMMARY OF SPECIFIC PROVISIONS : The bill would expand Section 8303-a of the civil practice law and rules, which currently applies only to certain specified tort actions, to authorize monetary sanctions in any civil action or proceeding (subd. (a)). However, the sanction provisions would not apply to proceedings in small claims courts, landlord-tenant proceedings and proceedings in the family court commenced under article three, seven, eight or ten of the family court act. Sanctions would be imposed only upon a written finding of the court that a party or attorney had
S2578 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2578 2011-2012 Regular Sessions I N S E N A T E January 26, 2011 ___________ Introduced by Sen. KRUGER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to expenses, penalties and additional interest for frivolous actions or procedures and to repeal certain provisions of such law relating ther- eto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 8303-a of the civil practice law and rules is REPEALED and a new section 8303-a is added to read as follows: S 8303-A. EXPENSES, PENALTIES AND ADDITIONAL INTEREST FOR FRIVOLOUS ACTION OR PROCEDURE. (A) IF IN A CIVIL ACTION OR PROCEEDING, A CLAIM IS COMMENCED OR CONTINUED BY A PLAINTIFF, OR A COUNTERCLAIM, DEFENSE, CROSS CLAIM OR THIRD-PARTY CLAIM IS COMMENCED OR CONTINUED BY A DEFENDANT, OR AN APPLICATION, A MOTION OR CROSS MOTION FOR AN ORDER IS MADE OR CONTIN- UED, THAT IS FOUND BY THE COURT AT ANY TIME DURING THE PROCEEDINGS OR UPON JUDGMENT TO BE FRIVOLOUS, THE COURT SHALL AWARD EXPENSES TO ANY PARTY ADVERSELY AFFECTED BY THE FRIVOLOUS CONDUCT. (B) FOR PURPOSES OF THIS SECTION: (I) "ACTION OR PROCEDURE" INCLUDES, BUT IS NOT LIMITED TO, THE MAKING OR OPPOSING OF AN APPLICATION OR A MOTION, INCLUDING A MOTION FOR SANC- TION PURSUANT TO THIS SECTION OR THE ASSERTION OF A CLAIM, COUNTERCLAIM, DEFENSE, CROSS CLAIM OR THIRD-PARTY CLAIM. (II) "FRIVOLOUS" MEANS ENTIRELY WITHOUT MERIT AND NOT ADVANCED IN GOOD FAITH OR SOLELY INTENDED TO HARASS OR MALICIOUSLY INJURE ANOTHER. (III) "EXPENSES" MEANS THE LEGAL EXPENSES INCURRED BY A PARTY DIRECTLY ATTRIBUTABLE TO A FRIVOLOUS ACTION OR PROCEDURE, INCLUDING REASONABLE ATTORNEY'S FEES AND DISBURSEMENTS. (C) THE EXPENSES AWARDED UNDER SUBDIVISION (A) OF THIS SECTION SHALL BE ASSESSED EITHER AGAINST THE PARTY BRINGING OR USING THE FRIVOLOUS ACTION OR PROCEDURE OR AGAINST THE ATTORNEY FOR SUCH PARTY, OR AGAINST BOTH, AS MAY BE DETERMINED BY THE COURT, BASED UPON THE CIRCUMSTANCES OF THE CASE. SUCH EXPENSES SHALL BE IN ADDITION TO ANY OTHER AWARD GRANTED TO ANY PARTY ADVERSELY AFFECTED BY THE FRIVOLOUS CONDUCT.
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