CPLR 3045 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 3044 Verification of bill of particulars up ARTICLE 30 Remedies and Pleading Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 3045 Arbitration of damages in medical, dental or podiatric malpractice actions Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 30 § 3045. Arbitration of damages in medical, dental or podiatric malpractice actions. (a) At any time after service of a bill of particulars but no later than sixty days after filing of the notice of dental, medical or podiatric malpractice action pursuant to rule thirty-four hundred six of this chapter, any defendant in such an action may demand that the plaintiff elect whether to consent to the arbitration of damages upon a concession of liability in accordance with the provisions of this section. (b) Within twenty days after receipt of such a demand, the plaintiff shall elect whether to arbitrate damages in such an action pursuant to such a concession of liability by the defendant or defendants in the action. If the defendant or defendants serve a concession of liability upon the plaintiff within twenty days after receipt of such an election, the issue of damages, including the proximate cause thereof, shall be subject to arbitration in accordance with the provisions of article seventy-five-A of this chapter. A concession of liability, made pursuant to this section, shall not be binding on the defendant for any other purpose.