Senate Bill S469

2021-2022 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 Senate Committee Judiciary Committee


  • 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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2021-S469 (ACTIVE) - Details

See Assembly Version of this Bill:
A2547
Current Committee:
Senate 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
2015-2016: A281
2017-2018: A1499
2019-2020: S4238, A5620
2023-2024: S2602, A3773

2021-S469 (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.

2021-S469 (ACTIVE) - Sponsor Memo

2021-S469 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    469
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed 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
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   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
 follows:
   §  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
 judge shall act with the same power as a justice of  the  supreme  court
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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