Bill Text: NY A06569 | 2011-2012 | General Assembly | Introduced

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Bill Title: Enacts the "jury judgment restoration act".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to judiciary [A06569 Detail]

Download: New_York-2011-A06569-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6569
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 22, 2011
                                      ___________
       Introduced  by M. of A. LANCMAN -- read once and referred to the Commit-
         tee on Judiciary
       AN ACT to amend the civil practice law and rules, in relation to  enact-
         ing the "jury judgment restoration act"
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act shall be known and may be cited as the "jury judg-
    2  ment restoration act".
    3    S 2. Subdivision (c) of section 5501 of the  civil  practice  law  and
    4  rules, as amended by chapter 474 of the laws of 1997, is amended to read
    5  as follows:
    6    (c)  Appellate division. The appellate division shall review questions
    7  of law and questions of fact on an appeal from a judgment or order of  a
    8  court of original instance and on an appeal from an order of the supreme
    9  court,  a  county court or an appellate term determining an appeal.  The
   10  notice of appeal from an order directing summary judgment, or  directing
   11  judgment  on  a  motion  addressed  to the pleadings, shall be deemed to
   12  specify a judgment upon said order entered after service of  the  notice
   13  of appeal and before entry of the order of the appellate court upon such
   14  appeal, without however affecting the taxation of costs upon the appeal.
   15  In  reviewing a money judgment in an action in which an itemized verdict
   16  is required by rule forty-one hundred eleven of this chapter in which it
   17  is contended that the award is excessive or inadequate and  that  a  new
   18  trial  should  have  been  granted  unless a stipulation is entered to a
   19  different award, the appellate division shall determine that an award is
   20  excessive or inadequate if it deviates materially  from  what  would  be
   21  reasonable  compensation,  BASED ON AWARDS RENDERED BY JURIES IN SIMILAR
   22  CASES.
   23    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10378-01-1