Title CVP, Civil Practice Law & Rules

§ 4546. Loss of earnings and impairment of earning ability in actions\nfor medical, dental or podiatric malpractice. 1. In any action for\nmedical, dental or podiatric malpractice where the plaintiff seeks to\nrecover damages for loss of earnings or impairment of earning ability…

§ 4547. Compromise and offers to compromise. Evidence of (a)\nfurnishing, or offering or promising to furnish, or (b) accepting, or\noffering or promising to accept, any valuable consideration in\ncompromising or attempting to compromise a claim which is disputed as to\neither v…

§ 4548. Privileged communications; electronic communication thereof.\nNo communication privileged under this article shall lose its privileged\ncharacter for the sole reason that it is communicated by electronic\nmeans or because persons necessary for the delivery or facilitatio…

§ 4549. Admissibility of an opposing party's statement. A statement\noffered against an opposing party shall not be excluded from evidence as\nhearsay if made by a person whom the opposing party authorized to make a\nstatement on the subject or by the opposing party's agent or e…

§ 4550. Admissibility of evidence related to legally protected health\nactivity. Evidence relating to the involvement of a party engaging in\nlegally protected health activity, as defined by section 570.17 of the\ncriminal procedure law shall not be offered against such party as…

Rule 4551. New York voting and elections database. The data,\ninformation, and/or estimates maintained by the New York voting and\nelections database within the state board of elections or copies of such\ndata, information and/or estimates provided to the attorney general\npursu…

§ 5001. Interest to verdict, report or decision. (a) Actions in which\nrecoverable. Interest shall be recovered upon a sum awarded because of a\nbreach of performance of a contract, or because of an act or omission\ndepriving or otherwise interfering with title to, or possession…

§ 5002. Interest from verdict, report or decision to judgment.\nInterest shall be recovered upon the total sum awarded, including\ninterest to verdict, report or decision, in any action, from the date\nthe verdict was rendered or the report or decision was made to the date\nof e…

§ 5003. Interest upon judgment. Every money judgment shall bear\ninterest from the date of its entry. Every order directing the payment\nof money which has been docketed as a judgment shall bear interest from\nthe date of such docketing.\n

§ 5003-a. Prompt payment following settlement. (a) When an action to\nrecover damages has been settled, any settling defendant, except those\ndefendants to whom subdivisions (b) and (c) of this section apply, shall\npay all sums due to any settling plaintiff within twenty-one da…

§ 5003-b. Nondisclosure agreements. Notwithstanding any other law to\nthe contrary, for any claim or cause of action, whether arising under\ncommon law, equity, or any provision of law, the factual foundation for\nwhich involves discrimination, in violation of laws prohibiting\n…

§ 5004. Rate of interest. (a) Interest shall be at the rate of nine\nper centum per annum, except where otherwise provided by statute;\nprovided the annual rate of interest to be paid in an action arising out\nof a consumer debt where a natural person is a defendant shall be two…

§ 501. Contractual provisions fixing venue. Subject to the provisions\nof subdivision two of section five hundred ten and section five hundred\nfourteen of this article, written agreement fixing place of trial, made\nbefore an action is commenced, shall be enforced upon a motion…

§ 5011. Definition and content of judgment. A judgment is the\ndetermination of the rights of the parties in an action or special\nproceeding and may be either interlocutory or final. A judgment shall\nrefer to, and state the result of, the verdict or decision, or recite\nthe de…

Rule 5012. Judgment upon part of cause of action; upon several causes.\nThe court, having ordered a severance, may direct judgment upon a part\nof a cause of action or upon one or more causes of action as to one or\nmore parties.\n

Rule 5013. Effect of judgment dismissing claim. A judgment dismissing\na cause of action before the close of the proponent's evidence is not a\ndismissal on the merits unless it specifies otherwise, but a judgment\ndismissing a cause of action after the close of the proponent's …

§ 5014. Action upon judgment. Except as permitted by section 15-102 of\nthe general obligations law, an action upon a money judgment entered in\na court of the state may only be maintained between the original parties\nto the judgment where:\n 1. ten years have elapsed since the…

Rule 5015. Relief from judgment or order. (a) On motion. The court\nwhich rendered a judgment or order may relieve a party from it upon such\nterms as may be just, on motion of any interested person with such\nnotice as the court may direct, upon the ground of:\n 1. excusable de…

Rule 5016. Entry of judgment. (a) What constitutes entry. A judgment\nis entered when, after it has been signed by the clerk, it is filed by\nhim.\n (b) Judgment upon verdict. Judgment upon the general verdict of a\njury after a trial by jury as of right shall be entered by the …

Rule 5017. Judgment-roll. (a) Preparation and filing. A\njudgment-roll shall be prepared by the attorney for the party at whose\ninstance the judgment is entered or by the clerk. It shall be filed by\nthe clerk when he enters judgment, and shall state the date and time of\nits f…

§ 5018. Docketing of judgment. (a) Docketing by clerk; docketing\nelsewhere by transcript. Immediately after filing the judgment-roll the\nclerk shall docket a money judgment, and at the request of any party\nspecifying the particular adverse party or parties against whom\ndocke…

§ 5019. Validity and correction of judgment or order; amendment of\ndocket. (a) Validity and correction of judgment or order. A judgment or\norder shall not be stayed, impaired or affected by any mistake, defect\nor irregularity in the papers or procedures in the action not affe…

§ 502. Conflicting venue provisions. Where, because of joinder of\nclaims or parties, there is a conflict of provisions under this article,\nthe court, upon motion, shall order as the place of trial one proper\nunder this article as to at least one of the parties or claims.\n

§ 5020. Satisfaction-piece. (a) Generally. When a person entitled to\nenforce a judgment receives satisfaction or partial satisfaction of the\njudgment, he shall execute and file with the proper clerk pursuant to\nsubdivision (a) of section 5021, a satisfaction-piece or partial\…

§ 5020-a. Payment of judgment in certain cases. When a judgment debtor\nhas shown to the satisfaction of the clerk of the court from which an\nexecution has been issued that a sum of money which satisfies the\njudgment had been sent to the last known address of the judgment\ncre…

§ 5021. Entry of satisfaction. (a) Entry upon satisfaction-piece,\ncourt order, deposit into court, discharge of compounding joint debtor.\nThe clerk of the court in which the judgment was entered or, in the case\nof a judgment of a court other than the supreme, county or a fami…

§ 503. Venue based on residence. (a) Generally. Except where otherwise\nprescribed by law, the place of trial shall be in the county in which\none of the parties resided when it was commenced; the county in which a\nsubstantial part of the events or omissions giving rise to the …

§ 5031. Basis for determining judgment to be entered. In order to\ndetermine what judgment is to be entered on a verdict in an action to\nrecover damages for medical, dental, or podiatric malpractice, or\ndamages for wrongful death as a result of medical, dental, or podiatric\nm…

§ 5032. Form of security. Security authorized or required for payment\nof a judgment for periodic installments entered in accordance with this\narticle must be in the form of an annuity contract, executed by a\nqualified insurer and approved by the superintendent of financial\ns…

§ 5033. Posting and maintaining security. (a) If the court enters a\njudgment for periodic installments, each party liable for all or a\nportion of such judgment shall separately or jointly with one or more\nothers post security in an amount necessary to secure payment for the\n…

§ 5034. Failure to make payment. If at any time following entry of\njudgment, a judgment debtor fails for any reason to make a payment in a\ntimely fashion according to the terms of this article, the judgment\ncreditor may petition the court which rendered the original judgment …

§ 5036. Adjustment of payments. (a) If, at any time after entry of\njudgment, a judgment creditor or successor in interest can establish\nthat the continued payment of the judgment in periodic installments will\nimpose a hardship, the court may, in its discretion, order that the…

§ 5037. Settlements. Nothing in this article shall be construed to\nlimit the right of a plaintiff, defendant or defendants and any insurer\nto settle dental, medical or podiatric malpractice claims as they\nconsider appropriate and in their complete discretion.\n

§ 5038. Assignment of periodic installments. An assignment of or an\nagreement to assign any right to periodic installments for future\ndamages contained in a judgment entered under this article is\nenforceable only as to amounts: (a) to secure payment of alimony,\nmaintenance, …

§ 5039. Duties of superintendent of financial services. The\nsuperintendent of financial services shall establish rules and\nprocedures for determining which insurers, self-insurers, plans or\narrangements are financially qualified to provide the security required\nunder this ar…

§ 504. Actions against counties, cities, towns, villages, school\ndistricts and district corporations. Notwithstanding the provisions of\nany charter heretofore granted by the state and subject to the\nprovisions of subdivision (b) of section 506, the place of trial of all\nacti…

§ 5041. Basis for determining judgment to be entered. In order to\ndetermine what judgment is to be entered on a verdict in an action to\nrecover damages for personal injury, injury to property or wrongful\ndeath under this article, and not subject to article fifty-A of this\nch…

§ 5042. Form of security. Security authorized or required for payment\nof a judgment for periodic installments entered in accordance with this\narticle must be in the form of an annuity contract, executed by a\nqualified insurer and approved by the superintendent of financial\ns…

§ 5043. Posting and maintaining security. (a) If the court enters a\njudgment for periodic installments, each party liable for all or a\nportion of such judgment shall separately or jointly with one or more\nothers post security in an amount necessary to secure payment for the\n…

§ 5044. Failure to make payment. If at any time following entry of\njudgment, a judgment debtor fails for any reason to make a payment in a\ntimely fashion according to the terms of this article, the judgment\ncreditor may petition the court which rendered the original judgment …

§ 5045. Effect of death of judgment creditor. (a) Unless otherwise\nagreed between the parties at the time security is posted pursuant to\nsection five thousand forty-three of this article, in all cases covered\nby this article in which future damages are payable in periodic\nin…

§ 5046. Adjustment of payments. (a) If, at any time after entry of\njudgment, a judgment creditor or successor in interest can establish\nthat the continued payment of the judgment in periodic installments will\nimpose a hardship, the court may, in its discretion, order that the…

§ 5047. Settlements. Nothing in this article shall be construed to\nlimit the right of a plaintiff, defendant or defendants and any insurer\nto settle property damage, personal injury or wrongful death claims as\nthey consider appropriate and in their complete discretion.\n

§ 5048. Assignment of periodic installments. An assignment of or an\nagreement to assign any right to periodic installments for future\ndamages contained in a judgment entered under this article is\nenforceable only as to amounts: (a) to secure payment of alimony,\nmaintenance, …

§ 5049. Duties of superintendent of financial services. The\nsuperintendent of financial services shall establish rules and\nprocedures for determining which insurers, self-insurers, plans or\narrangements are financially qualified to provide the security required\nunder this ar…

§ 505. Actions involving public authorities. (a) Generally. The place\nof trial of an action by or against a public authority constituted under\nthe laws of the state shall be in the county in which the authority has\nits principal office or where it has facilities involved in t…

§ 506. Where special proceeding commenced. (a) Generally. Unless\notherwise prescribed in subdivision (b) or in the law authorizing the\nproceeding, a special proceeding may be commenced in any county within\nthe judicial district where the proceeding is triable.\n (b) Proceedin…

§ 507. Real property actions. The place of trial of an action in which\nthe judgment demanded would affect the title to, or the possession, use\nor enjoyment of, real property shall be in the county in which any part\nof the subject of the action is situated.\n

§ 508. Actions to recover a chattel. The place of trial of an action\nto recover a chattel may be in the county in which any part of the\nsubject of the action is situated at the time of the commencement of the\naction.\n

§ 509. Venue in county designated. Notwithstanding any provision of\nthis article except for rule 515, the place of trial of an action shall\nbe in the county designated by the plaintiff, unless the place of trial\nis changed to another county by order upon motion, or by consent…