Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 22, 2014 |
referred to judiciary delivered to senate passed assembly |
Jan 08, 2014 |
ordered to third reading cal.114 returned to assembly died in senate |
May 30, 2013 |
referred to judiciary delivered to senate passed assembly |
May 23, 2013 |
advanced to third reading cal.383 |
May 21, 2013 |
reported |
May 02, 2013 |
print number 2068a |
May 02, 2013 |
amend and recommit to judiciary |
Jan 09, 2013 |
referred to judiciary |
Assembly Bill A2068A
2013-2014 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
Bill Amendments
co-Sponsors
Matthew Titone
Amy Paulin
Ellen C. Jaffee
William Colton
multi-Sponsors
William Boyland
Richard Gottfried
Joan Millman
Robert Sweeney
2013-A2068 - Details
2013-A2068 - 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-A2068 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2068 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ Introduced by M. of A. SCHIMMINGER, TITONE, PAULIN, JAFFEE, COLTON, ABINANTI -- Multi-Sponsored by -- M. of A. BOYLAND, GOTTFRIED, 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. LBD04682-01-3
co-Sponsors
Matthew Titone
Amy Paulin
Ellen C. Jaffee
William Colton
multi-Sponsors
Richard Gottfried
Peter Lopez
Joan Millman
Robert Sweeney
2013-A2068A (ACTIVE) - Details
2013-A2068A (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-A2068A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2068--A 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ Introduced by M. of A. SCHIMMINGER, TITONE, PAULIN, JAFFEE, COLTON, ABINANTI, WEINSTEIN -- Multi-Sponsored by -- M. of A. BOYLAND, GOTT- FRIED, MILLMAN, SWEENEY, WEISENBERG -- read once and referred to the Committee on Judiciary -- 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. LBD04682-06-3
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