NY S02578 | 2011-2012 | General Assembly

Status

Spectrum: Partisan Bill (Democrat 1-0)
Status: Introduced on January 26 2011 - 25% progression, died in committee
Action: 2011-03-08 - COMMITTEE DISCHARGED AND COMMITTED TO JUDICIARY
Pending: Senate Judiciary Committee
Text: Latest bill text (Introduced) [HTML]

Summary

Authorizes the imposition of monetary sanctions in any civil action or proceeding upon a written finding of the court that a party or attorney has brought a claim or employed procedures entirely without merit and in bad faith; authorizes an additional interest at 150% of the legal rate in cases where frivolous delaying tactics had been interposed to avoid entry of a money judgment; requires notice be given of the courts view that sanctions may be called for prior to imposition of sanctions; provides for appellate review of order granting sanctions; provides that an action shall not be deemed frivolous solely because a novel or unusual argument or principle of law was advanced.

Tracking Information

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Title

Authorizes the imposition of monetary sanctions in any civil action or proceeding upon a written finding of the court that a party or attorney has brought a claim or employed procedures entirely without merit and in bad faith; authorizes an additional interest at 150% of the legal rate in cases where frivolous delaying tactics had been interposed to avoid entry of a money judgment; requires notice be given of the courts view that sanctions may be called for prior to imposition of sanctions; provides for appellate review of order granting sanctions; provides that an action shall not be deemed frivolous solely because a novel or unusual argument or principle of law was advanced.

Sponsors


History

DateChamberAction
2011-03-08SenateCOMMITTEE DISCHARGED AND COMMITTED TO JUDICIARY
2011-01-26SenateREFERRED TO CODES

New York State Sources


Bill Comments

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