senate Bill S2578

2011-2012 Legislative Session

Authorizes the collection of expenses, and imposition of penalties and additional interest for frivolous actions or procedures; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 08, 2011 committee discharged and committed to judiciary
Jan 26, 2011 referred to codes

S2578 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Rpld & add ยง8303-a, CPLR
Versions Introduced in 2009-2010 Legislative Session:
S345

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

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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