Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 30, 2012 |
referred to judiciary delivered to senate passed assembly |
Jan 04, 2012 |
ordered to third reading cal.127 returned to assembly died in senate |
Feb 28, 2011 |
referred to judiciary delivered to senate passed assembly |
Feb 24, 2011 |
advanced to third reading cal.55 |
Feb 15, 2011 |
reported |
Jan 24, 2011 |
referred to judiciary |
Assembly Bill A3264
2011-2012 Legislative Session
Sponsored By
SCHIMMINGER
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Helene Weinstein
Matthew Titone
Amy Paulin
Ellen C. Jaffee
multi-Sponsors
William Boyland
Richard Gottfried
Joan Millman
Robert Sweeney
2011-A3264 (ACTIVE) - Details
2011-A3264 (ACTIVE) - Summary
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.
2011-A3264 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3264 2011-2012 Regular Sessions I N A S S E M B L Y January 24, 2011 ___________ Introduced by M. of A. SCHIMMINGER, WEINSTEIN, TITONE, PAULIN, JAFFEE, LANCMAN -- Multi-Sponsored by -- M. of A. GOTTFRIED, MAYERSOHN, MILL- MAN, SWEENEY, WEISENBERG -- read once and referred 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: Section 1. Subdivision (f) of section 8602 of the civil practice law and rules, as added by chapter 770 of the laws of 1989, is amended to read as follows: (f) "Prevailing party" means a plaintiff or petitioner in the civil action against the state who prevails in whole or in substantial part where such party and the state prevail upon separate issues. THE TERM "PREVAILING PARTY" SHALL INCLUDE, IN ADDITION TO A PARTY WHO SUBSTAN- TIALLY PREVAILS THROUGH A JUDICIAL OR ADMINISTRATIVE JUDGMENT OR ORDER, OR AN ENFORCEABLE WRITTEN AGREEMENT, A PARTY WHOSE PURSUIT OF A NON-FRI- VOLOUS CLAIM WAS A CATALYST FOR A VOLUNTARY OR UNILATERAL CHANGE IN POSITION BY THE OPPOSING PARTY THAT PROVIDES ANY SIGNIFICANT PART OF THE RELIEF SOUGHT. 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
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