Assembly Actions -
Senate Actions - UPPERCASE
|Jan 04, 2023||
referred to judiciary
Senate Bill S17
2023-2024 Legislative Session
Current Bill Status - In Senate Committee Judiciary Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2023-S17 (ACTIVE) - Details
2023-S17 (ACTIVE) - Summary
Provides that the court shall not reduce jury awards as excessive in employment discrimination actions unless the court finds that the proponent has proven by clear and convincing evidence that the verdict compels the conclusion that the jury was influenced by partiality, prejudice, mistake or corruption.
2023-S17 (ACTIVE) - Sponsor Memo
BILL NUMBER: S17 SPONSOR: GOUNARDES TITLE OF BILL: An act to amend the civil practice law and rules and the executive law, in relation to jury awards for unlawful discriminatory practices relat- ing to employment PURPOSE OR GENERAL IDEA OF BILL: To limit the circumstances in which a judge can significantly alter jury awards in civil employment discrimination cases SUMMARY OF PROVISIONS: Section one of this bill amends subdivision (a) of Rule 4404 of the Civil Practice Law and Rules (CPLR), which provides the circumstances and process by which a judge may set aside a jury's verdict or order a new trial in civil judicial proceedings. Section one provides that a judge may not order a new trial or otherwise act to reduce a jury award in employment discrimination cases under Executive Law § 296 without
2023-S17 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 17 2023-2024 Regular Sessions I N S E N A T E (PREFILED) January 4, 2023 ___________ Introduced by Sens. GOUNARDES, HOYLMAN, MYRIE, RIVERA, SALAZAR, SEPULVE- DA -- 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 executive law, in relation to jury awards for unlawful discriminatory practices relating to employment THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (a) of rule 4404 of the civil practice law and rules, such rule as renumbered by chapter 315 of the laws of 1962, is amended to read as follows: (a) Motion after trial where jury required. After a trial of a cause of action or issue triable of right by a jury, upon the motion of any party or on its own initiative, the court may set aside a verdict or any judgment entered thereon and direct that judgment be entered in favor of a party entitled to judgment as a matter of law or it may order a new trial of a cause of action or separable issue where the verdict is contrary to the weight of the evidence, in the interest of justice or where the jury cannot agree after being kept together for as long as is deemed reasonable by the court. NO COURT SHALL ORDER A NEW TRIAL ON THE GROUND THAT THE JURY AWARD WAS EXCESSIVE, OR OTHERWISE ACT TO REDUCE THE JURY'S AWARD IN A CASE INVOLVING AN UNLAWFUL DISCRIMINATORY PRACTICE UNDER SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW RELATING TO EMPLOYMENT, INCLUDING A CLAIM BY A NON-EMPLOYEE UNDER SECTION TWO HUNDRED NINETY-SIX-D OF THE EXECUTIVE LAW, WITHOUT FULLY SATISFYING THE PERTINENT STANDARDS SET FORTH IN PARAGRAPH TWO OF SUBDIVISION (C) OF SECTION FIFTY-FIVE HUNDRED ONE OF THIS CHAPTER AND PARAGRAPH (B) OF SUBDIVISION NINE OF SECTION TWO HUNDRED NINETY-SEVEN OF THE EXECUTIVE LAW. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00427-01-3
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