Question Regarding NY Law and Rule 3221
Hi ilaw, Question: CPLR 3211 discusses an "offer to compromise". Here is the link to the statute: https://law.justia.com/codes/new-york/cvp/article-32/r3221/ Is this something used in NY Supreme Court? For example, if I represent a defendant in a civil litigation in a NY Supreme Court matter wherein the lawsuit seeks $3MM in damages, and I send an offer to compromise of $5000.00 even before discovery begins, and then, at trial the Plainitff fails to recover even that amount, does the Plaintiff then have to cover the Defendant's legal fees and court costs of the litigation from the time of the offer forward? Am I reading this correctly? Much appreciate your responses! ------------------------------------------------------ *Aaron H. Pierce, Esq.* Partner Pierce & Kwok LLP Pierce & Kwok LLP 299 Broadway, Suite 1405 New York, NY 10007 Phone: (212) 882-1752 Direct: (347) 678-7262 Fax: (212) 882-1742 Email: aaron.pierce@piercekwok.com Website: www.piercekwok.com ------------------------------------------------------ NOTICE: Unless stated otherwise, *nothing in this email constitutes an offer at law and is for negotiation purposes only*. All rights are reserved to make additional alterations to any contractual agreement attached or embedded within the body of this email. This transmission is intended by the sender and proper recipient(s) to be confidential, intended only for the proper recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s) you are notified that the dissemination, distribution or copying of this message is strictly prohibited. If you receive this message in error, or are not the proper recipient(s), please notify the sender at either the email address or telephone number above and delete this email from your computer. Receipt by anyone other than the proper recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege.
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Aaron Pierce