Relates to motions for attorney's fees; provides that the party seeking an award of fees or costs shall, within thirty days after final judgment in the action, submit to the court a motion seeking such fees.
STATE OF NEW YORK
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8803
IN SENATE
May 18, 2018
___________
Introduced by Sen. BONACIC -- (at request of the Office of Court Admin-
istration) -- 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 motions
for attorney's fees
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The civil practice law and rules is amended by adding a new
2 section 8405 to read as follows:
3 § 8405. Motions for attorney's fees. (a) 1. Except as may otherwise be
4 provided by applicable statute or rule, in any civil action in which a
5 court is authorized to award attorney's fees incurred by one party
6 against another party in that action, the party seeking an award of fees
7 or costs shall, within thirty days after final judgment in the action,
8 submit to the court a motion seeking such fees.
9 2. For the purpose of this section:
10 (1) "Action" means any civil action or proceeding, including any
11 appellate proceeding.
12 (2) "Final judgment" means a judgment or order that is final and not
13 appealable, and settlement on all claims.
14 (b) Where fees are sought under this section or another statute or
15 rule authorizing an award of fees from another party within an action,
16 the motion shall have the same effect as a judgment or order in a
17 special proceeding.
18 § 2. This act shall take effect immediately and shall apply to all
19 actions pending or commenced after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14656-01-8
