N.Y. Civil Practice Law & Rules § 3045: Arbitration of damages in medical, dental or podiatric malpractice actions

§ 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.