N.Y. AGM Law § 308-A — New York Code / Act AGM / Article 25-AA / Section 308-A
Fees and expenses in certain private nuisance actions
Status: in_force

§ 308-a. Fees and expenses in certain private nuisance actions.  1.\nDefinitions. For purposes of this section:\n  a. "Action" means any civil action brought by a person in which a\nprivate nuisance is alleged to be due to an agricultural practice on any\nland in an agricultural district or subject to agricultural assessments\npursuant to section three hundred three or three hundred six of this\narticle, respectively.\n  b. "Fees and other expenses" means the reasonable expenses of expert\nwitnesses, the reasonable cost of any study, analysis, consultation with\nexperts, and like expenses, and reasonable attorney fees, including fees\nfor work performed by law students or paralegals under the supervision\nof an attorney, incurred in connection with the defense of any cause of\naction for private nuisance which is alleged as part of a civil action\nbrought by a person.\n  c. "Final judgment" means a judgment that is final and not appealable,\nand settlement.\n  d. "Prevailing party" means a defendant in a civil action brought by a\nperson, in which a private nuisance is alleged to be due to an\nagricultural practice, where the defendant prevails in whole or in\nsubstantial part on the private nuisance cause of action.\n  2. Fees and other expenses in certain private nuisance actions.  a.\nWhen awarded. In addition to costs, disbursements and additional\nallowances awarded pursuant to sections eight thousand two hundred one\nthrough eight thousand two hundred four and eight thousand three hundred\none through eight thousand three hundred three-a of the civil practice\nlaw and rules, and except as otherwise specifically provided by statute,\na court shall award to a prevailing party, other than the plaintiff,\nfees and other expenses incurred by such party in connection with the\ndefense of any cause of action for private nuisance alleged to be due to\nan agricultural practice, provided such agricultural practice\nconstitutes a sound agricultural practice pursuant to an opinion issued\nby the commissioner under section three hundred eight of this article,\nprior to the start of any trial of the action or settlement of such\naction, unless the court finds that the position of the plaintiff was\nsubstantially justified or that special circumstances make an award\nunjust. Fees shall be determined pursuant to prevailing market rates for\nthe kind and quality of the services furnished, except that fees and\nexpenses may not be awarded to a party for any portion of the litigation\nin which the party has unreasonably protracted the proceedings.\n  b. Application for fees. A party seeking an award of fees and other\nexpenses shall, within thirty days of final judgment in the action,\nsubmit to the court an application which sets forth (i) the facts\nsupporting the claim that the party is a prevailing party and is\neligible to receive an award under this section, (ii) the amount sought,\nand (iii) an itemized statement from every attorney or expert witness\nfor which fees or expenses are sought stating the actual time expended\nand the rate at which such fees and other expenses are claimed.\n  3. Interest. If the plaintiff appeals an award made pursuant to this\nsection and the award is affirmed in whole or in part, interest shall be\npaid on the amount of the award. Such interest shall run from the date\nof the award through the day before the date of the affirmance.\n  4. Applicability. a. Nothing contained in this section shall be\nconstrued to alter or modify the provisions of the civil practice law\nand rules where applicable to actions other than actions as defined by\nthis section.\n  b. Nothing contained in this section shall affect or preclude the\nright of any party to recover fees or other expenses authorized by\ncommon law or by any other statute, law or rule.\n