assembly Bill A1998A

2015-2016 Legislative Session

Awards attorney fees and expert witness fees in appropriate cases

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Archive: Last Bill Status - On Floor Calendar


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

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 12, 2016 amended on third reading 1998a
Jan 06, 2016 ordered to third reading cal.94
returned to assembly
died in senate
May 18, 2015 referred to judiciary
delivered to senate
passed assembly
May 14, 2015 advanced to third reading cal.352
May 12, 2015 reported
reported referred to codes
Jan 13, 2015 referred to judiciary

Co-Sponsors

A1998 - Details

Law Section:
Executive Law
Laws Affected:
Amd §297, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A8184
2011-2012: A1860
2013-2014: A353
2017-2018: A3923
2019-2020: A2475

A1998 - Summary

Awards attorney fees and expert witness fees in appropriate cases.

A1998 - Bill Text download pdf

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

                                  1998

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2015
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee 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.   EXPERT
WITNESS FEES MAY BE AWARDED IN THE SAME MANNER AS  ATTORNEY'S  FEES.  In
order to find the action or proceeding to be frivolous, the court or the
commissioner must find in writing one or more of the following:
  (a)  the  action or proceeding was commenced, used or continued in bad
faith, solely to delay or prolong the resolution of the litigation or to
harass or maliciously injure another; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00704-01-5

Co-Sponsors

A1998A (ACTIVE) - Details

Law Section:
Executive Law
Laws Affected:
Amd §297, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A8184
2011-2012: A1860
2013-2014: A353
2017-2018: A3923
2019-2020: A2475

A1998A (ACTIVE) - Summary

Awards attorney fees and expert witness fees in appropriate cases.

A1998A (ACTIVE) - Bill Text download pdf

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

                                 1998--A
                                                         Cal. No. 94

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2015
                               ___________

Introduced  by M. of A. DINOWITZ, GOTTFRIED -- read once and referred to
  the Committee on Judiciary -- advanced to a third reading, amended and
  ordered reprinted, retaining its place on the order of third reading

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 364 of the laws of 2015, is
amended to read as follows:
  10. [With respect to all cases of housing discrimination  and  housing
related  credit  discrimination  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; and
with respect to a claim of employment or credit discrimination where sex
is a basis of such discrimination, 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  attributable  to  such  claim to any 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 hearing 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 substan-
tially 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 divi-
sion's capacity as an employer. EXPERT WITNESS FEES MAY  BE  AWARDED  IN

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