N.Y. CPLR § 8303-A

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 8303-A Costs upon frivolous claims and counterclaims in actions torecover damages for personal injury, injury to property or wr § 8303-a. Costs upon frivolous claims and counterclaims in actions torecover damages for personal injury, injury to property or wrongfuldeath.(a) If in an action to recover damages for personal injury, injury toproperty or wrongful death, or an action brought by the individual whocommitted a crime against the victim of the crime, and such action orclaim is commenced or continued by a plaintiff or a counterclaim,defense or cross claim is commenced or continued by a defendant and isfound, at any time during the proceedings or upon judgment, to befrivolous by the court, the court shall award to the successful partycosts and reasonable attorney's fees not exceeding ten thousand dollars.(b) The costs and fees awarded under subdivision (a) of this sectionshall be assessed either against the party bringing the action, claim,cross claim, defense or counterclaim or against the attorney for suchparty, or against both, as may be determined by the court, based uponthe circumstances of the case. Such costs and fees shall be in additionto any other judgment awarded to the successful party.(c) In order to find the action, claim, counterclaim, defense or crossclaim to be frivolous under subdivision (a) of this section, the courtmust find one or more of the following:(i) the action, claim, counterclaim, defense or cross claim wascommenced, used or continued in bad faith, solely to delay or prolongthe resolution of the litigation or to harass or maliciously injureanother;(ii) the action, claim, counterclaim, defense or cross claim wascommenced or continued in bad faith without any reasonable basis in lawor fact and could not be supported by a go njureanother;(ii) the action, claim, counterclaim, defense or cross claim wascommenced or continued in bad faith without any reasonable basis in lawor fact and could not be supported by a good faith argument for anextension, modification or reversal of existing law. If the action,claim, counterclaim, defense or cross claim was promptly discontinuedwhen the party or the attorney learned or should have learned that theaction, claim, counterclaim, defense or cross claim lacked such areasonable basis, the court may find that the party or the attorney didnot act in bad faith.