S T A T E O F N E W Y O R K
________________________________________________________________________
7450
2023-2024 Regular Sessions
I N A S S E M B L Y
May 22, 2023
___________
Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Judiciary
AN ACT to amend the judiciary law, in relation to applications for
enhanced attorney's fees in medical, dental and podiatric malpractice
cases
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 474-a of the judiciary law, as
amended by chapter 485 of the laws of 1986, is amended to read as
follows:
4. In the event that claimant's or plaintiff's attorney believes in
good faith that HE OR SHE IS ENTITLED TO GREATER COMPENSATION THAN THE
AMOUNTS PROVIDED IN the fee schedule set forth in subdivision two of
this section[, because of extraordinary circumstances, will not give him
adequate compensation], AN application for greater compensation may be
made upon affidavit with written notice and an opportunity to be heard
to the claimant or plaintiff and other persons holding liens or assign-
ments on the recovery. Such application shall be made to the justice of
the trial part to which the action had been sent for trial; or, if it
had not been sent to a part for trial, then to the justice presiding at
the trial term calendar part of the court in which the action had been
instituted; or, if no action had been instituted, then to the justice
presiding at the trial term calendar part of the Supreme Court for the
county in the judicial department in which the attorney has an office.
Upon such application, the justice, in his OR HER discretion, [if
extraordinary circumstances are found to be present, and without regard
to the claimant's or plaintiff's consent,] may fix as reasonable compen-
sation for legal services rendered an amount greater than that specified
in the schedule set forth in subdivision two of this section, provided,
however, that such greater amount shall not exceed the fee fixed pursu-
ant to the contractual arrangement, if any, between the claimant or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03290-01-3
A. 7450 2
plaintiff and the attorney. FACTORS TO BE CONSIDERED BY THE COURT IN
DETERMINING WHETHER TO GRANT AN APPLICATION FOR AN ENHANCED FEE PURSUANT
TO THIS SUBDIVISION SHALL INCLUDE, BUT NOT BE LIMITED TO WHETHER THE
PERFORMANCE OF THE ATTORNEY WAS SUPERIOR, TAKING INTO ACCOUNT THE
ATTENDANT CIRCUMSTANCES INCLUDING THE RESULT OF THE CASE IN LIGHT OF THE
NATURE OF THE LIABILITY AND DAMAGES ISSUES, AND WHETHER THE CLAIMANT OR
PLAINTIFF CONSENTS TO THE APPLICATION; PROVIDED, HOWEVER, THAT NO SUCH
DETERMINATION SHALL BE CONTINGENT ON SUCH CLAIMANT'S OR PLAINTIFF'S
CONSENT THERETO; AND, PROVIDED FURTHER, THAT THE ATTORNEY NEED NOT
SUBMIT THE NUMBER OF HOURS EXPENDED. If the application is granted, the
justice shall make a written order accordingly, briefly stating the
reasons for granting the greater compensation; and a copy of such order
shall be served on all persons entitled to receive notice of the appli-
cation.
§ 2. This act shall take effect immediately.