Bill Text: NY S05131 | 2011-2012 | General Assembly | Introduced

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Bill Title: Expands the definition of "prevailing party" for purposes of counsel fees and expenses in certain actions against the state, to include a party whose pursuit of a non-frivolous claim or defense was a catalyst for a voluntary or unilateral change in position by the opposing party that provides any significant part of the relief sought.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO JUDICIARY [S05131 Detail]

Download: New_York-2011-S05131-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5131
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      May 3, 2011
                                      ___________
       Introduced  by Sen. GRISANTI -- 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,  in  relation  to  the
         definition  of  "prevailing  party"  for  purposes of counsel fees and
         expenses in certain actions against the state
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision (f) of section 8602 of the civil practice law
    2  and rules, as added by chapter 770 of the laws of 1989,  is  amended  to
    3  read as follows:
    4    (f)  "Prevailing  party"  means a plaintiff or petitioner in the civil
    5  action against the state who prevails in whole or  in  substantial  part
    6  where  such  party and the state prevail upon separate issues.  THE TERM
    7  "PREVAILING PARTY" SHALL INCLUDE, IN ADDITION TO A  PARTY  WHO  SUBSTAN-
    8  TIALLY  PREVAILS THROUGH A JUDICIAL OR ADMINISTRATIVE JUDGMENT OR ORDER,
    9  OR AN ENFORCEABLE WRITTEN AGREEMENT, A PARTY WHOSE PURSUIT OF A NON-FRI-
   10  VOLOUS CLAIM WAS A CATALYST FOR A  VOLUNTARY  OR  UNILATERAL  CHANGE  IN
   11  POSITION BY THE OPPOSING PARTY THAT PROVIDES ANY SIGNIFICANT PART OF THE
   12  RELIEF SOUGHT.
   13    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06362-01-1