Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 04, 2012 |
referred to judiciary |
May 03, 2011 |
referred to judiciary |
Senate Bill S5131
2011-2012 Legislative Session
Sponsored By
(R, IP) Senate District
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
(D) 15th Senate District
2011-S5131 (ACTIVE) - Details
2011-S5131 (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-S5131 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5131 TITLE OF BILL: 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 PURPOSE: Clarifies the definition of "prevailing party" for purposes of counsel fees and expenses in certain actions against the state authorized by the Equal Access to Justice Act of 1989. SUMMARY OF SPECIFIC PROVISIONS: § 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 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 substantially prevails through a judicial or administrative judgment or order, or an enforceable written agreement, a party whose pursuit of a non-frivolous claim was a catalyst for a voluntary or unilateral change in the position by the opposing party that provides any significant part of the relief sought.
2011-S5131 (ACTIVE) - Bill Text download pdf
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: 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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