assembly Bill A281

2015-2016 Legislative Session

Provides that for settlements that require a court order the order shall provide for the payment of interest on the settlement amount at the statutory rate

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

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to judiciary
Jan 07, 2015 referred to judiciary



A281 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§1207 & 5003-a, R1208, CPLR; amd §2220, SCPA
Versions Introduced in Other Legislative Sessions:
2009-2010: A2874
2011-2012: A634
2013-2014: A999
2017-2018: A1499
2019-2020: A5620
2021-2022: A2547
2023-2024: A3773

A281 (ACTIVE) - Summary

Provides that for settlements that require a court order, the order, or the judgment in a special proceeding, shall provide for the payment of interest on the settlement amount at the statutory interest rate on judgments.

A281 (ACTIVE) - Bill Text download pdf

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


                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y


                             January 7, 2015

Introduced  by  M. of A. WEINSTEIN, ORTIZ -- Multi-Sponsored by -- M. of
  A. BRENNAN, CYMBROWITZ, GLICK, JAFFEE -- read once and referred to the
  Committee on Judiciary

AN ACT to amend the civil practice law and  rules  and  the  surrogate's
  court  procedure  act, in relation to addressing delay in payment of a
  settlement where the settlement requires court approval


  Section  1.  Section  1207  of  the  civil  practice law and rules, as
amended by chapter 355 of the laws  of  1986,  is  amended  to  read  as
  S  1207.  Settlement of action or claim by infant, judicially declared
incompetent or conservatee, by whom  motion  made;  special  proceeding;
notice;  order of settlement. (A) Upon motion of a guardian of the prop-
erty or guardian ad litem of an infant or, if there is no such guardian,
then of a parent having legal custody of an infant, or if  there  is  no
such parent, by another person having legal custody, or if the infant is
married,  by an adult spouse residing with the infant, or of the commit-
tee of the property of a person judicially declared to  be  incompetent,
or  of  the  conservator of the property of a conservatee, the court may
order settlement of any action commenced by or on behalf of the  infant,
incompetent  or  conservatee. If no action has been commenced, a special
proceeding may be commenced upon petition of such a  representative  for
settlement of any claim by the infant, incompetent or conservatee in any
court  where  an  action for the amount of the proposed settlement could
have been commenced.  Unless otherwise provided by  rule  of  the  chief
administrator  of  the courts, if no motion term is being held and there
is no justice of the supreme court  available  in  a  county  where  the
action  or an action on the claim is triable, such a motion may be made,
or special proceeding may be commenced, in a county court and the county

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