2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 83 - (8301 - 8303-A) DISBURSEMENTS AND ADDITIONAL ALLOWANCES
8303-A - Costs upon frivolous claims and counterclaims in actions to recover damages for personal injury, injury to property or wrongful death.


NY CPLR § 8303-A (2012) What's This?
 
    §  8303-a. Costs upon frivolous claims and counterclaims in actions to
  recover damages for personal injury,  injury  to  property  or  wrongful
  death.
    (a)  If in an action to recover damages for personal injury, injury to
  property or wrongful death, or an action brought by the  individual  who
  committed  a  crime  against the victim of the crime, and such action or
  claim is commenced or  continued  by  a  plaintiff  or  a  counterclaim,
  defense  or  cross claim is commenced or continued by a defendant and is
  found, at any time during  the  proceedings  or  upon  judgment,  to  be
  frivolous  by  the  court, the court shall award to the successful party
  costs and reasonable attorney's fees not exceeding ten thousand dollars.
    (b) The costs and fees awarded under subdivision (a) of  this  section
  shall  be  assessed either against the party bringing the action, claim,
  cross claim, defense or counterclaim or against the  attorney  for  such
  party,  or  against  both, as may be determined by the court, based upon
  the circumstances of the case. Such costs and fees shall be in  addition
  to any other judgment awarded to the successful party.
    (c) In order to find the action, claim, counterclaim, defense or cross
  claim  to  be frivolous under subdivision (a) of this section, the court
  must find one or more of the following:
    (i) the action,  claim,  counterclaim,  defense  or  cross  claim  was
  commenced,  used  or  continued in bad faith, solely to delay or prolong
  the resolution of the litigation or  to  harass  or  maliciously  injure
  another;
    (ii)  the  action,  claim,  counterclaim,  defense  or cross claim was
  commenced or continued in bad faith without any reasonable basis in  law
  or  fact  and  could  not  be  supported by a good faith argument for an
  extension, modification or reversal of  existing  law.  If  the  action,
  claim,  counterclaim,  defense  or cross claim was promptly discontinued
  when the party or the attorney learned or should have learned  that  the
  action,  claim,  counterclaim,  defense  or  cross  claim  lacked such a
  reasonable basis, the court may find that the party or the attorney  did
  not act in bad faith.

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