Bill Text: NY S04577 | 2011-2012 | General Assembly | Amended
Bill Title: Authorizes attorneys' fees to be awarded to any person that the court finds has acted to benefit the class.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-09-23 - SIGNED CHAP.566 [S04577 Detail]
Download: New_York-2011-S04577-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4577--A
Cal. No. 441
2011-2012 Regular Sessions
I N S E N A T E
April 12, 2011
___________
Introduced by Sens. BONACIC, PARKER -- (at request of the Office of
Court Administration) -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary -- reported
favorably from said committee, ordered to first and second report,
ordered to a third reading, amended and ordered reprinted, retaining
its place in the order of third reading
AN ACT to amend the civil practice law and rules, in relation to the
award of attorneys' fees in class actions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Rule 909 of the civil practice law and rules, as added by
2 chapter 207 of the laws of 1975, is amended to read as follows:
3 Rule 909. Attorneys' fees. If a judgment in an action maintained as a
4 class action is rendered in favor of the class, the court in its
5 discretion may award attorneys' fees to the representatives of the class
6 AND/OR TO ANY OTHER PERSON THAT THE COURT FINDS HAS ACTED TO BENEFIT THE
7 CLASS based on the reasonable value of legal services rendered and if
8 justice requires, allow recovery of the amount awarded from the opponent
9 of the class.
10 S 2. This act shall take effect immediately and apply to all actions
11 commenced on or after the date on which it shall have become a law and
12 all actions pending on the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09315-03-1
