Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 10, 2014 |
print number 713a |
Jan 10, 2014 |
amend and recommit to judiciary |
Jan 08, 2014 |
referred to judiciary |
Jan 09, 2013 |
referred to judiciary |
Senate Bill S713A
2013-2014 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
Bill Amendments
co-Sponsors
(D) 15th Senate District
2013-S713 - Details
2013-S713 - 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.
2013-S713 - Sponsor Memo
BILL NUMBER:S713 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.
2013-S713 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 713 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ 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. LBD04682-01-3
co-Sponsors
(D) 15th Senate District
2013-S713A (ACTIVE) - Details
2013-S713A (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.
2013-S713A (ACTIVE) - Sponsor Memo
BILL NUMBER:S713A 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 OF THE BILL: 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 ox 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. This subdivision shall not apply to civil actions against local governments.
2013-S713A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 713--A 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sens. GRISANTI, ADDABBO -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- recommitted to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. THIS SUBDIVISION SHALL NOT APPLY TO CIVIL ACTIONS AGAINST LOCAL GOVERNMENTS. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04682-07-3
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