N.Y. CPLR § 3045

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 3045 Arbitration of damages in medical, dental or podiatricmalpractice actions § 3045. Arbitration of damages in medical, dental or podiatricmalpractice actions. (a) At any time after service of a bill ofparticulars but no later than sixty days after filing of the notice ofdental, medical or podiatric malpractice action pursuant to rulethirty-four hundred six of this chapter, any defendant in such an actionmay demand that the plaintiff elect whether to consent to thearbitration of damages upon a concession of liability in accordance withthe provisions of this section.(b) Within twenty days after receipt of such a demand, the plaintiffshall elect whether to arbitrate damages in such an action pursuant tosuch a concession of liability by the defendant or defendants in theaction. If the defendant or defendants serve a concession of liabilityupon the plaintiff within twenty days after receipt of such an election,the issue of damages, including the proximate cause thereof, shall besubject to arbitration in accordance with the provisions of articleseventy-five-A of this chapter. A concession of liability, made pursuantto this section, shall not be binding on the defendant for any otherpurpose.