S T A T E O F N E W Y O R K
________________________________________________________________________
8521
2017-2018 Regular Sessions
I N A S S E M B L Y
June 18, 2017
___________
Introduced by M. of A. WEINSTEIN -- read once and referred to the
Committee on Judiciary
AN ACT to amend the judiciary law, in relation to the maximum allowable
amount of contingency fees in medical, dental and podiatric malprac-
tice actions; and to repeal certain provisions of such law relating
thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 474-a of the judiciary law, as
amended by chapter 485 of the laws of 1986, is amended to read as
follows:
2. Notwithstanding any inconsistent judicial rule, a contingent fee in
a medical, dental or podiatric malpractice action shall not exceed the
amount of compensation provided for in the following schedule FOR CASES
DECIDED PRIOR TO DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHTEEN:
30 percent of the first [$250,000] $500,000 of the sum
recovered;
[25 percent of the next $250,000 of the sum recovered;
20] 25 percent of the next $500,000 of the sum recovered;
[15] 20 percent of the next $250,000 of the sum
recovered;
[10] 15 percent of any amount over $1,250,000 of the sum
recovered;
AND NOTWITHSTANDING ANY INCONSISTENT JUDICIAL RULE, A CONTINGENT FEE IN
A MEDICAL, DENTAL OR PODIATRIC MALPRACTICE ACTION SHALL NOT EXCEED THE
AMOUNT OF COMPENSATION PROVIDED FOR IN THE FOLLOWING SCHEDULE FOR CASES
DECIDED FROM JANUARY FIRST, TWO THOUSAND NINETEEN THROUGH DECEMBER THIR-
TY-FIRST, TWO THOUSAND NINETEEN:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13270-02-7
A. 8521 2
30 PERCENT OF THE FIRST $1,000,000 OF THE SUM RECOVERED;
25 PERCENT OF THE NEXT $250,000 OF THE SUM RECOVERED;
20 PERCENT OF ANY AMOUNT OVER $1,250,000 OF THE SUM RECOVERED;
AND NOTWITHSTANDING ANY INCONSISTENT JUDICIAL RULE, A CONTINGENT FEE IN
A MEDICAL, DENTAL OR PODIATRIC MALPRACTICE ACTION SHALL NOT EXCEED THE
AMOUNT OF COMPENSATION PROVIDED FOR IN THE FOLLOWING SCHEDULE FOR CASES
DECIDED FROM JANUARY FIRST, TWO THOUSAND TWENTY THROUGH DECEMBER THIR-
TY-FIRST, TWO THOUSAND TWENTY:
30 PERCENT OF THE FIRST $1,250,000 OF THE SUM RECOVERED;
25 PERCENT OF ANY AMOUNT OVER $1,250,000 OF THE SUM RECOVERED;
AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY, CONTINGENCY FEES
IN MEDICAL, DENTAL AND PODIATRIC MALPRACTICE ACTIONS SHALL BE GOVERNED
BY THE RULES APPLICABLE TO ALL OTHER PERSONAL INJURY AND WRONGFUL DEATH
ACTIONS.
§ 2. Subdivisions 3, 4 and 5 of section 474-a of the judiciary law are
REPEALED.
§ 3. This act shall take effect immediately; provided, however, that
section two of this act shall take effect January 1, 2021.