S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10452
 
                           I N  A S S E M B L Y
 
                               May 24, 2022
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Lavine) --
   read once and referred to the Committee on Judiciary
 
 AN ACT to amend the judiciary  law,  in  relation  to  applications  for
   enhanced  attorney's fees in medical, dental and podiatric malpractice
   cases
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  4  of section 474-a of the judiciary law, as
 amended by chapter 485 of the laws  of  1986,  is  amended  to  read  as
 follows:
   4.  In  the  event that claimant's or plaintiff's attorney believes in
 good faith that HE OR SHE IS ENTITLED TO GREATER COMPENSATION  THAN  THE
 AMOUNTS  PROVIDED  IN  the  fee schedule set forth in subdivision two of
 this section[, because of extraordinary circumstances, will not give him
 adequate compensation], AN application for greater compensation  may  be
 made  upon  affidavit with written notice and an opportunity to be heard
 to the claimant or plaintiff and other persons holding liens or  assign-
 ments  on the recovery. Such application shall be made to the justice of
 the trial part to which the action had been sent for trial;  or,  if  it
 had  not been sent to a part for trial, then to the justice presiding at
 the trial term calendar part of the court in which the action  had  been
 instituted;  or,  if  no action had been instituted, then to the justice
 presiding at the trial term calendar part of the Supreme Court  for  the
 county  in  the judicial department in which the attorney has an office.
 Upon such application, the  justice,  in  his  OR  HER  discretion,  [if
 extraordinary  circumstances are found to be present, and without regard
 to the claimant's or plaintiff's consent,] may fix as reasonable compen-
 sation for legal services rendered an amount greater than that specified
 in the schedule set forth in subdivision two of this section,  provided,
 however,  that such greater amount shall not exceed the fee fixed pursu-
 ant to the contractual arrangement, if  any,  between  the  claimant  or
 plaintiff  and  the  attorney.  FACTORS TO BE CONSIDERED BY THE COURT IN
 DETERMINING WHETHER TO GRANT AN APPLICATION FOR AN ENHANCED FEE PURSUANT
 TO THIS SUBDIVISION SHALL INCLUDE, BUT NOT BE  LIMITED  TO  WHETHER  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15842-01-2
 A. 10452                            2
 
 PERFORMANCE  OF  THE  ATTORNEY  WAS  SUPERIOR,  TAKING  INTO ACCOUNT THE
 ATTENDANT CIRCUMSTANCES INCLUDING THE RESULT OF THE CASE IN LIGHT OF THE
 NATURE OF THE LIABILITY AND DAMAGES ISSUES, AND WHETHER THE CLAIMANT  OR
 PLAINTIFF  CONSENTS  TO THE APPLICATION; PROVIDED, HOWEVER, THAT NO SUCH
 DETERMINATION SHALL BE CONTINGENT  ON  SUCH  CLAIMANT'S  OR  PLAINTIFF'S
 CONSENT  THERETO;  AND,  PROVIDED  FURTHER,  THAT  THE ATTORNEY NEED NOT
 SUBMIT THE NUMBER OF HOURS EXPENDED. If the application is granted,  the
 justice  shall  make  a  written  order accordingly, briefly stating the
 reasons for granting the greater compensation; and a copy of such  order
 shall  be served on all persons entitled to receive notice of the appli-
 cation.
   § 2. This act shall take effect immediately.