2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 30 - (3001 - 3045) REMEDIES AND PLEADING
3045 - Arbitration of damages in medical, dental or podiatric malpractice actions.


NY CPLR § 3045 (2012) What's This?
 
    §  3045.  Arbitration  of  damages  in  medical,  dental  or podiatric
  malpractice actions. (a)  At  any  time  after  service  of  a  bill  of
  particulars  but  no later than sixty days after filing of the notice of
  dental,  medical  or  podiatric  malpractice  action  pursuant  to  rule
  thirty-four hundred six of this chapter, any defendant in such an action
  may   demand  that  the  plaintiff  elect  whether  to  consent  to  the
  arbitration of damages upon a concession of liability in accordance with
  the provisions of this section.
    (b) Within twenty days after receipt of such a demand,  the  plaintiff
  shall  elect  whether to arbitrate damages in such an action pursuant to
  such a concession of liability by the defendant  or  defendants  in  the
  action.  If  the defendant or defendants serve a concession of liability
  upon the plaintiff within twenty days after receipt of such an election,
  the issue of damages, including the proximate cause  thereof,  shall  be
  subject  to  arbitration  in  accordance  with the provisions of article
  seventy-five-A of this chapter. A concession of liability, made pursuant
  to this section, shall not be binding on the  defendant  for  any  other
  purpose.

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