New York S 8625: Sets the level of deference given by the appellate division to the jury's fact finding

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
S08625 Summary:

BILL NOS08625 

&nbsp

SAME ASSAME AS A09552

&nbsp

SPONSORMYRIE

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §5501, CPLR

&nbsp

Requires the appellate division gives the highest degree of deference to the jury's fact finding, including its assessment of damages.

Go to top S08625 Actions:

BILL NOS08625 

&nbsp

12/19/2025REFERRED TO RULES

01/07/2026REFERRED TO JUDICIARY

Go to topS08625 Committee&nbspVotes:

Go to topS08625 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS08625 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8625

 2025-2026 Regular Sessions

 IN SENATE

 December 19, 2025
 ___________

 Introduced by Sen. MYRIE -- read twice and ordered printed, and when
 printed to be committed to the Committee on Rules

 AN ACT to amend the civil practice law and rules, in relation to setting
 the level of deference given by the appellate division to the jury's
 fact finding

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision (c) of section 5501 of the civil practice law
 2 and rules, as amended by chapter 474 of the laws of 1997, is amended to
 3 read as follows:
 4 (c) Appellate division. The appellate division shall review questions
 5 of law and questions of fact on an appeal from a judgment or order of a
 6 court of original instance and on an appeal from an order of the supreme
 7 court, a county court or an appellate term determining an appeal. The
 8 notice of appeal from an order directing summary judgment, or directing
 9 judgment on a motion addressed to the pleadings, shall be deemed to
 10 specify a judgment upon said order entered after service of the notice
 11 of appeal and before entry of the order of the appellate court upon such
 12 appeal, without however affecting the taxation of costs upon the appeal.
 13 In reviewing a money judgment in an action in which an itemized verdict
 14 is required by rule forty-one hundred eleven of this chapter [in which
 15 it is contended that the award is excessive or inadequate and that a new
 16 trial should have been granted unless a stipulation is entered to a
 17 different award, the appellate division shall determine that an award is
 18 excessive or inadequate if it deviates materially from what would be
 19 reasonable compensation], where it is contended that the award is exces-
 20 sive or inadequate and that a new trial should have been granted unless
 21 a stipulation is entered to a different award, the appellate division
 22 shall give the highest degree of deference to the jury's factual find-
 23 ings, including its assessment of damages. An award shall not be deemed
 24 excessive or inadequate unless the moving party establishes, by clear

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14193-02-5

 S. 8625 2

 1 and convincing evidence, that the verdict is so extraordinary that it
 2 shocks the conscience of the court and could not have been reached by
 3 any reasonable jury. In making this determination, the appellate divi-
 4 sion shall consider the evidence in the light most favorable to the
 5 prevailing party and shall not substitute its judgment for that of the
 6 jury on questions of credibility, weight of the evidence, or the quanti-
 7 fication of damages.
 8 § 2. This act shall take effect immediately and apply to all actions
 9 filed on or after such effective date.

Go to top 

• 

 Sitemap 

 Request Information 

 Directions and Maps