Requires the appellate division gives the highest degree of deference to the jury's fact finding, including its assessment of damages.
Impact
If enacted, S08625 would significantly influence how appellate courts handle appeals related to jury verdicts, particularly in cases involving monetary compensation. By establishing a higher standard for overturning jury awards, the bill would underscore the importance of jury assessments in civil cases and could lead to greater stability in damage awards. This change is expected to affect parties involved in litigation, as it may alter the strategy employed by attorneys when preparing for appeals involving jury decisions.
Summary
Bill S08625 aims to amend the civil practice law and rules in New York, specifically focusing on the level of deference the appellate division grants to jury findings during appeals. The bill states that when the appellate division reviews a jury's assessment of damages, it must give the highest degree of deference to the jury's findings. This provision is intended to ensure that the jury's role as the fact-finder is respected and that their determinations regarding damages are upheld unless convincingly challenged by the opposing party.
Contention
The bill may generate discussion and contention among legal professionals and stakeholders in the civil justice system. Supporters argue that strengthening the deference to jury findings respects the democratic process of jury trials and protects the integrity of jury verdicts. Detractors might argue that it limits the ability of appellate courts to correct erroneous jury awards that could lead to unpredictable results in civil litigation, potentially resulting in unjust financial burdens.
Provides that when a court of appeals judge recuses themselves from sitting in or taking part in the decision, action, claim, matter, motion or proceeding, a replacement shall be chosen on a rotating basis, based on seniority, of the next available appellate division judge.
Requires certification of filings produced using generative artificial intelligence; requires the brief of an appellant to contain a disclosure of the use of generative artificial intelligence in the drafting of the brief and certification that the content therein was reviewed and verified by a human.
Requires certification of filings produced using generative artificial intelligence; requires the brief of an appellant to contain a disclosure of the use of generative artificial intelligence in the drafting of the brief and certification that the content therein was reviewed and verified by a human.
Relates to the requirements of the annual report from the division of minority and women's business development; requires the number of new certifications and recertifications including the basis for any denials be included in the annual report from the division of minority and women's business development.
Requires the division of human rights to report on its website findings of discriminatory practices relating to lawful sources of income; requires landlords of 6 or more residential units to report annually certain information relating to applicants who receive rental subsidies.