Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 4213
Decision of the court
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 42
§ 4213. Decision of the court. (a) Requests for findings. Before the
case is finally submitted, the court shall afford the parties an
opportunity to submit requests for findings of fact. Each request shall
be numbered and so phrased that the court may conveniently pass upon it.

(b) Form of decision. The decision of the court may be oral or in
writing and shall state the facts it deems essential. In any action
brought to recover damages for personal injury, injury to property, or
wrongful death, a decision awarding damages shall specify the applicable
elements of special and general damages upon which the award is based
and the amount assigned to each element, including but not limited to
medical expenses, dental expenses, podiatric expenses, loss of earnings,
impairment of earning ability, and pain and suffering. In a medical,
dental or podiatric malpractice action, commenced on or after July
twenty-sixth, two thousand three, the court's decision as to future
damages shall be itemized in accordance with subdivision (d) of rule
forty-one hundred eleven of this chapter. In any action brought to
recover damages for personal injury, injury to property or wrongful
death, other than a medical, dental or podiatric malpractice action
commenced on or after July twenty-sixth, two thousand three, the court's
decision as to future damages shall be itemized in accordance with
subdivision (e) of rule forty-one hundred eleven of this chapter.

(c) Time for decision. The decision of the court shall be rendered
within sixty days after the cause or matter is finally submitted or
within sixty days after a motion under rule 4403, whichever is later,
unless the parties agree to extend the time.