New York S 410: Enacts the "Lydia Soto law"

Bill Text

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S00410 Summary:

BILL NOS00410 

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SAME ASNo Same As

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SPONSORGOUNARDES

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COSPNSRCOMRIE, GIANARIS, GONZALEZ, HOYLMAN-SIGAL, JACKSON, MYRIE, RAMOS, RIVERA, SALAZAR, SEPULVEDA

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MLTSPNSR

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Amd R4404, §5501, CPLR; amd §297, Exec L

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Provides that the court shall not reduce jury awards as excessive in employment discrimination actions unless the court finds exceptional circumstances which compel the conclusion that the jury was influenced by partiality, prejudice, mistake or corruption.

Go to top S00410 Actions:

BILL NOS00410 

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01/08/2025REFERRED TO JUDICIARY

01/27/20251ST REPORT CAL.183

01/28/20252ND REPORT CAL.

02/03/2025ADVANCED TO THIRD READING 

06/11/2025PASSED SENATE

06/11/2025DELIVERED TO ASSEMBLY

06/11/2025referred to judiciary

01/07/2026died in assembly

01/07/2026returned to senate

01/07/2026REFERRED TO JUDICIARY

03/05/20261ST REPORT CAL.474

03/09/20262ND REPORT CAL.

03/10/2026ADVANCED TO THIRD READING 

03/16/2026PASSED SENATE

03/16/2026DELIVERED TO ASSEMBLY

03/16/2026referred to judiciary

Go to topS00410 Committee&nbspVotes:

Go to topS00410 Floor&nbspVotes:

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

Go to topS00410 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 410

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. GOUNARDES, COMRIE, GIANARIS, GONZALEZ, HOYLMAN-SI-
 GAL, JACKSON, MYRIE, RAMOS, RIVERA, SALAZAR, SEPULVEDA -- 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 and the executive law,
 in relation to jury awards for unlawful discriminatory practices
 relating to employment

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

 1 Section 1. Subdivision (a) of rule 4404 of the civil practice law and
 2 rules, such rule as renumbered by chapter 315 of the laws of 1962, is
 3 amended to read as follows:
 4 (a) Motion after trial where jury required. After a trial of a cause
 5 of action or issue triable of right by a jury, upon the motion of any
 6 party or on its own initiative, the court may set aside a verdict or any
 7 judgment entered thereon and direct that judgment be entered in favor of
 8 a party entitled to judgment as a matter of law or it may order a new
 9 trial of a cause of action or separable issue where the verdict is
 10 contrary to the weight of the evidence, in the interest of justice or
 11 where the jury cannot agree after being kept together for as long as is
 12 deemed reasonable by the court. No court shall order a new trial on the
 13 ground that the jury award was excessive, or otherwise act to reduce the
 14 jury's award in a case involving an unlawful discriminatory practice
 15 under section two hundred ninety-six of the executive law relating to
 16 employment, including a claim by a non-employee under section two
 17 hundred ninety-six-d of the executive law, or under any analogous local
 18 or municipal human rights law, if applicable, without fully satisfying
 19 the pertinent standards set forth in paragraph two of subdivision (c) of
 20 section fifty-five hundred one of this chapter and paragraph (b) of

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00984-01-5

 S. 410 2

 1 subdivision nine of section two hundred ninety-seven of the executive
 2 law.
 3 § 2. Subdivision (c) of section 5501 of the civil practice law and
 4 rules, as amended by chapter 474 of the laws of 1997, is amended to read
 5 as follows:
 6 (c) Appellate division. 1. The appellate division shall review ques-
 7 tions of law and questions of fact on an appeal from a judgment or order
 8 of a court of original instance and on an appeal from an order of the
 9 supreme court, a county court or an appellate term determining an
 10 appeal. The notice of appeal from an order directing summary judgment,
 11 or directing judgment on a motion addressed to the pleadings, shall be
 12 deemed to specify a judgment upon said order entered after service of
 13 the notice of appeal and before entry of the order of the appellate
 14 court upon such appeal, w