§ 8303-A — Costs upon frivolous claims and counterclaims in actions to recover damages for personal injury, injury to property or wrongful death

New York § 8303-A

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 83: Disbursements and Additional Allowances

Text

§ 8303-a. Costs upon frivolous claims and counterclaims in actions to\nrecover damages for personal injury, injury to property or wrongful\ndeath.\n (a) If in an action to recover damages for personal injury, injury to\nproperty or wrongful death, or an action brought by the individual who\ncommitted a crime against the victim of the crime, and such action or\nclaim is commenced or continued by a plaintiff or a counterclaim,\ndefense or cross claim is commenced or continued by a defendant and is\nfound, at any time during the proceedings or upon judgment, to be\nfrivolous by the court, the court shall award to the successful party\ncosts and reasonable attorney's fees not exceeding ten thousand dollars.\n (b) The costs and fees awarded under subdivision (a) of this section\nshall be assessed either against the party bringing the action, claim,\ncross claim, defense or counterclaim or against the attorney for such\nparty, or against both, as may be determined by the court, based upon\nthe circumstances of the case. Such costs and fees shall be in addition\nto any other judgment awarded to the successful party.\n (c) In order to find the action, claim, counterclaim, defense or cross\nclaim to be frivolous under subdivision (a) of this section, the court\nmust find one or more of the following:\n (i) the action, claim, counterclaim, defense or cross claim was\ncommenced, used or continued in bad faith, solely to delay or prolong\nthe resolution of the litigation or to harass or maliciously injure\nanother;\n (ii) the action, claim, counterclaim, defense or cross claim was\ncommenced or continued in bad faith without any reasonable basis in law\nor fact and could not be supported by a good faith argument for an\nextension, modification or reversal of existing law. If the action,\nclaim, counterclaim, defense or cross claim was promptly discontinued\nwhen the party or the attorney learned or should have learned that the\naction, claim, counterclaim, defense or cross claim lacked such a\nreasonable basis, the court may find that the party or the attorney did\nnot act in bad faith.\n