New York Civil Practice
Law & Rules




NYCPLR Article 42

TRIAL BY THE COURT

4201. Powers of referees to report.
4211. Issues to be decided by the court.
4212. Advisory jury; referee to report.
4213. Decision of the court.
S 4201. Powers of referees to report. A referee to inquire and report shall have the power to issue subpoenas, to administer oaths and to direct the parties to engage in and permit such disclosure proceedings as will expedite the disposition of the issues.

Rule 4211. Issues to be decided by the court. The court shall decide any issue not required to be tried by a jury unless it is referred to a referee to determine pursuant to section 4317.

Rule 4212. Advisory jury; referee to report. Upon the motion of any party as provided in rule 4015 or on its own initiative, the court may submit any issue of fact required to be decided by the court to an advisory jury or, upon a showing of some exceptional condition requiring it or in matters of account, to a referee to report. An order under this rule shall specify the issues to be submitted. The procedures to be followed in the use of an advisory jury shall be the same as those for a jury selected under article forty-one. Where no issues remain to be tried, the court shall render decision directing judgment in the action.

S 4213. Decision of the court.

(a) Requests for findings. Before the case is finally submitted, the court shall afford the parties an opportunity to submit requests for findings of fact. Each request shall be numbered and so phrased that the court may conveniently pass upon it.
(b) Form of decision. The decision of the court may be oral or in writing and shall state the facts it deems essential. In a medical, dental or podiatric malpractice action or in an action against a public employer or a public employee who is subject to indemnification by a public employer with respect to such action or both, as such terms are defined in subdivision (b) of section forty-five hundred forty-five, for personal injury or wrongful death arising out of an injury sustained by a public employee while acting within the scope of his public employment or duties, and in any other action brought to recover damages for personal injury, injury to property, or wrongful death, a decision awarding damages shall specify the applicable elements of special and general damages upon which the award is based and the amount assigned to each element, including but not limited to medical expenses, dental expenses, podiatric expenses, loss of earnings, impairment of earning ability, and pain and suffering. In a medical, dental or podiatric malpractice action, and in any other action brought to recover damages for personal injury, injury to property, or wrongful death, each element shall be further itemized into amounts intended to compensate for damages which have been incurred prior to the decision and amounts intended to compensate for damages to be incurred in the future. In itemizing amounts intended to compensate for future damages, the court shall set forth the period of years over which such amounts are intended to provide compensation. In computing said damages, the court shall award the full amount of future damages, as calculated, without reduction to present value.

(c) Time for decision. The decision of the court shall be rendered within sixty days after the cause or matter is finally submitted or within sixty days after a motion under rule 4403, whichever is later, unless the parties agree to extend the time.

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