Bill Text: NY S03031 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to interest to be recovered upon a sum awarded in certain circumstances.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO JUDICIARY [S03031 Detail]

Download: New_York-2023-S03031-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3031

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 26, 2023
                                       ___________

        Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary

        AN ACT to amend the civil practice law and rules, in relation to  inter-
          est to be recovered upon a sum awarded in certain circumstances

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivisions (a) and (c) of section 5001 of the civil prac-
     2  tice law and rules are amended to read as follows:
     3    (a) Actions in which recoverable. Interest shall be recovered  upon  a
     4  sum awarded because of a breach of performance of a contract, or because
     5  of  an act or omission depriving or otherwise interfering with title to,
     6  or possession or enjoyment of, property, or for  bodily  injury,  except
     7  that in an action of an equitable nature, interest and the rate and date
     8  from which it shall be computed shall be in the court's discretion.
     9    (c)  Specifying date; computing interest. The date from which interest
    10  is to be computed shall be specified in the verdict, report or decision.
    11  In all cases involving bodily injury, the  interest  shall  be  computed
    12  from  the date of injury or loss. If a jury is discharged without speci-
    13  fying the date, the court upon motion shall fix the  date,  except  that
    14  where  the  date is certain and not in dispute, the date may be fixed by
    15  the clerk of the court upon affidavit.  The amount of interest shall  be
    16  computed by the clerk of the court, to the date the verdict was rendered
    17  or  the  report  or  decision  was  made,  and included in the total sum
    18  awarded.
    19    § 2. This act shall take effect immediately.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02337-01-3