S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7450
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 22, 2023
                                ___________
 
 Introduced by 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03290-01-3
              

 A. 7450                             2
 
 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
 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.