Search OpenLegislation Statutes

This entry was published on 2022-02-25
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.
Construction--claims and litigation
General Obligations (GOB) CHAPTER 24-A, ARTICLE 5, TITLE 15
§ 5-1502H. Construction--claims and litigation. In a statutory short
form power of attorney, the language conferring general authority with
respect to "claims and litigation," must be construed to mean that the
principal authorizes the agent:

1. To assert and to prosecute before any court, administrative board,
department, commissioner or other tribunal, any cause of action, claim,
counterclaim, offset or defense, which the principal has, or claims to
have, against any individual, partnership, association, corporation,
government, or other person or instrumentality, including, by way of
illustration and not of restriction, power to sue for the recovery of
land or of any other thing of value, for the recovery of damages
sustained by the principal in any manner, for the elimination or
modification of tax liability, for an injunction, for specific
performance, or for any other relief;

2. To bring an action of interpleader or other action to determine
adverse claims, to intervene or to interplead in any action or
proceeding, and to act in any litigation as amicus curiae;

3. In connection with any action or proceeding or controversy, at law
or otherwise, to apply for and, if possible, to procure a libel, an
attachment, a garnishment, an order of arrest or other preliminary,
provisional or intermediate relief and to resort to and to utilize in
all ways permitted by law any available procedure for the effectuation
or satisfaction of the judgment, order or decree obtained;

4. In connection with any action or proceeding, at law or otherwise,
to perform any act which the principal might perform, including by way
of illustration and not of restriction, acceptance of tender, offer of
judgment, admission of any facts, submission of any controversy on an
agreed statement of facts, consent to examination before trial, and
generally to bind the principal in the conduct of any litigation or
controversy as seems desirable to the agent;

5. To submit to alternative dispute resolution, to settle, and to
propose or to accept a compromise with respect to, any claim existing in
favor of or against the principal, or any litigation to which the
principal is, or may become or be designated a party;

6. To waive the issuance and service of a summons, citation or other
process upon the principal, to accept service of process, to appear for
the principal, to designate persons upon whom process directed to the
principal may be served, to execute and to file or deliver stipulations
on the principal's behalf, to verify pleadings, to appeal to appellate
tribunals, to procure and to give surety and indemnity bonds at such
times and to such extent as the agent shall think to be desirable or
necessary, to contract and pay for the preparation and printing of
records and briefs, to receive and to execute and to file or deliver any
consent, waiver, release, confession of judgment, satisfaction of
judgment, notice, agreement, or other instrument which the agent shall
think to be desirable or necessary in connection with the prosecution,
settlement or defense of any claim by or against the principal or of any
litigation to which the principal is or may become or be designated a

7. To appear for, to represent and to act for the principal with
respect to bankruptcy or insolvency proceedings, whether voluntary or
involuntary, whether of the principal or of some other person, with
respect to any reorganization proceeding, or with respect to any
receivership or application for the appointment of a receiver or trustee
which, in any way, affects any interest of the principal in any land,
chattel, bond, share, commodity interest, chose in action or other thing
of value;

8. To hire, to discharge, and to compensate any attorney, accountant,
expert witness or other assistant or assistants when the agent shall
think such action to be desirable for the proper execution by him of any
of the powers described in this section;

9. To pay, from funds in his control or for the account of the
principal, any judgment against the principal or any settlement which
may be made in connection with any transaction enumerated in this
section, and to receive and conserve any moneys or other things of value
paid in settlement of or as proceeds of one or more of the transactions
enumerated in this section, and to receive and endorse checks and to
deposit the same; and

10. In general, and in addition to all the specific acts in this
section enumerated, to do any other act or acts, which the principal can
do through an agent, in connection with any claim by or against the
principal or with litigation to which the principal is or may become or
be designated a party.

All powers described in this section 5-1502H of the general
obligations law shall be exercisable equally with respect to any claim
or litigation existing at the giving of the power of attorney or
thereafter arising, and whether arising in the state of New York or