Assembly Bill A2475A

2019-2020 Legislative Session

Awards attorney fees and expert witness fees in appropriate cases

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Sponsored By

Archive: Last Bill Status - On Floor Calendar


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2019-A2475 - Details

See Senate Version of this Bill:
S4129
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
2015-2016: A1998
2017-2018: A3923
2021-2022: A1899, S749

2019-A2475 - Summary

Awards attorney's fees and expert witness fees in appropriate cases.

2019-A2475 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2475
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by M. of A. DINOWITZ, GOTTFRIED -- read once and referred to
   the Committee 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
 amended  by  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
 THE  SAME  MANNER  AS  ATTORNEY'S FEES. In cases of employment discrimi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2019-A2475A (ACTIVE) - Details

See Senate Version of this Bill:
S4129
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
2015-2016: A1998
2017-2018: A3923
2021-2022: A1899, S749

2019-A2475A (ACTIVE) - Summary

Awards attorney's fees and expert witness fees in appropriate cases.

2019-A2475A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2475--A
                                                         Cal. No. 107
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by  M.  of  A.  DINOWITZ, GOTTFRIED, WRIGHT -- read once and
   referred to the Committee on Judiciary -- ordered 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
 amended  by  chapter  161  of  the  laws  of 2019, 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 credit discrimination where sex is a basis of
 such discrimination, and  with  respect  to  all  claims  of  employment
 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 attrib-
 utable  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 substantially
 prevailing party for attorney's fees, except in  a  case  in  which  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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