New York A 9552: Sets the level of deference given by the appellate division to the jury's fact finding

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A09552 Summary:

BILL NOA09552 

&nbsp

SAME ASSAME AS S08625

&nbsp

SPONSORSimon

&nbsp

COSPNSRReyes, Sayegh

&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 A09552 Actions:

BILL NOA09552 

&nbsp

01/14/2026referred to judiciary

Go to topA09552 Committee&nbspVotes:

Go to topA09552 Floor&nbspVotes:

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

Go to topA09552 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9552

 IN ASSEMBLY

 January 14, 2026
 ___________

 Introduced by M. of A. SIMON -- read once and referred to the Committee
 on Judiciary

 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
 25 and convincing evidence, that the verdict is so extraordinary that it
 26 shocks the conscience of the court and could not have been reached by
 27 any reasonable jury. In making this determination, the appellate divi-

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

 A. 9552 2

 1 sion shall consider the evidence in the light most favorable to the
 2 prevailing party and shall not substitute its judgment for that of the
 3 jury on questions of credibility, weight of the evidence, or the quanti-
 4 fication of damages.
 5 § 2. This act shall take effect immediately and apply to all actions
 6 filed on or after such effective date.

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