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Assembly Bill A4849

2021-2022 Legislative Session

Relates to interest to be recovered upon a sum awarded in certain circumstances

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Archive: Last Bill Status - In Assembly Committee

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2021-A4849 (ACTIVE) - Details

See Senate Version of this Bill:
S8110
Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5001, CPLR
Versions Introduced in Other Legislative Sessions:
2019-2020: S8615
2023-2024: A436, S3031
2025-2026: A320, S6449

2021-A4849 (ACTIVE) - Summary

Relates to interest to be recovered upon a sum awarded in certain circumstances.

2021-A4849 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4849
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2021
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the civil practice law and rules, in relation to  inter-
   est to be recovered upon a sum awarded in certain circumstances
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivisions (a) and (c) of section 5001 of the civil prac-
 tice law and rules are amended to read as follows:
   (a) Actions in which recoverable. Interest shall be recovered  upon  a
 sum awarded because of a breach of performance of a contract, or because
 of  an act or omission depriving or otherwise interfering with title to,
 or possession or enjoyment of, property, OR FOR  BODILY  INJURY,  except
 that in an action of an equitable nature, interest and the rate and date
 from which it shall be computed shall be in the court's discretion.
   (c)  Specifying date; computing interest. The date from which interest
 is to be computed shall be specified in the verdict, report or decision.
 IN ALL CASES INVOLVING BODILY INJURY, THE  INTEREST  SHALL  BE  COMPUTED
 FROM  THE DATE OF INJURY OR LOSS. If a jury is discharged without speci-
 fying the date, the court upon motion shall fix the  date,  except  that
 where  the  date is certain and not in dispute, the date may be fixed by
 the clerk of the court upon affidavit.  The amount of interest shall  be
 computed by the clerk of the court, to the date the verdict was rendered
 or  the  report  or  decision  was  made,  and included in the total sum
 awarded.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05038-02-1

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