§ 5-1502H — Construction--claims and litigation

§ 5-1502H. Construction--claims and litigation. In a statutory short\nform power of attorney, the language conferring general authority with\nrespect to "claims and litigation," must be construed to mean that the\nprincipal authorizes the agent:\n 1. To assert and to prosecute before any court, administrative board,\ndepartment, commissioner or other tribunal, any cause of action, claim,\ncounterclaim, offset or defense, which the principal has, or claims to\nhave, against any individual, partnership, association, corporation,\ngovernment, or other person or instrumentality, including, by way of\nillustration and not of restriction, power to sue for the recovery of\nland or of any other thing of value, for the recovery of damages\nsustained by the principal in any manner, for the elimination or\nmodification of tax liability, for an injunction, for specific\nperformance, or for any other relief;\n 2. To bring an action of interpleader or other action to determine\nadverse claims, to intervene or to interplead in any action or\nproceeding, and to act in any litigation as amicus curiae;\n 3. In connection with any action or proceeding or controversy, at law\nor otherwise, to apply for and, if possible, to procure a libel, an\nattachment, a garnishment, an order of arrest or other preliminary,\nprovisional or intermediate relief and to resort to and to utilize in\nall ways permitted by law any available procedure for the effectuation\nor satisfaction of the judgment, order or decree obtained;\n 4. In connection with any action or proceeding, at law or otherwise,\nto perform any act which the principal might perform, including by way\nof illustration and not of restriction, acceptance of tender, offer of\njudgment, admission of any facts, submission of any controversy on an\nagreed statement of facts, consent to examination before trial, and\ngenerally to bind the principal in the conduct of any litigation or\ncontroversy as seems desirable to the agent;\n 5. To submit to alternative dispute resolution, to settle, and to\npropose or to accept a compromise with respect to, any claim existing in\nfavor of or against the principal, or any litigation to which the\nprincipal is, or may become or be designated a party;\n 6. To waive the issuance and service of a summons, citation or other\nprocess upon the principal, to accept service of process, to appear for\nthe principal, to designate persons upon whom process directed to the\nprincipal may be served, to execute and to file or deliver stipulations\non the principal's behalf, to verify pleadings, to appeal to appellate\ntribunals, to procure and to give surety and indemnity bonds at such\ntimes and to such extent as the agent shall think to be desirable or\nnecessary, to contract and pay for the preparation and printing of\nrecords and briefs, to receive and to execute and to file or deliver any\nconsent, waiver, release, confession of judgment, satisfaction of\njudgment, notice, agreement, or other instrument which the agent shall\nthink to be desirable or necessary in connection with the prosecution,\nsettlement or defense of any claim by or against the principal or of any\nlitigation to which the principal is or may become or be designated a\nparty;\n 7. To appear for, to represent and to act for the principal with\nrespect to bankruptcy or insolvency proceedings, whether voluntary or\ninvoluntary, whether of the principal or of some other person, with\nrespect to any reorganization proceeding, or with respect to any\nreceivership or application for the appointment of a receiver or trustee\nwhich, in any way, affects any interest of the principal in any land,\nchattel, bond, share, commodity interest, chose in action or other thing\nof value;\n 8. To hire, to discharge, and to compensate any attorney, accountant,\nexpert witness or other assistant or assistants when the agent shall\nthink such action to be desirable for the proper execution by him of any\nof the powers described in this section;\n 9. To pay, from funds in his control or for the account of the\nprincipal, any judgment against the principal or any settlement which\nmay be made in connection with any transaction enumerated in this\nsection, and to receive and conserve any moneys or other things of value\npaid in settlement of or as proceeds of one or more of the transactions\nenumerated in this section, and to receive and endorse checks and to\ndeposit the same; and\n 10. In general, and in addition to all the specific acts in this\nsection enumerated, to do any other act or acts, which the principal can\ndo through an agent, in connection with any claim by or against the\nprincipal or with litigation to which the principal is or may become or\nbe designated a party.\n All powers described in this section 5-1502H of the general\nobligations law shall be exercisable equally with respect to any claim\nor litigation existing at the giving of the power of attorney or\nthereafter arising, and whether arising in the state of New York or\nelsewhere.\n