N.Y. General Obligations Law § 5-1502h: Construction--claims and litigation

§ 5-1502H. Construction--claims and litigation. In a statutory short

form power of attorney, the language conferring general authority with

respect to "claims and litigation," must be construed to mean that the

principal authorizes the agent:

1. To assert and to prosecute before any court, administrative board,

department, commissioner or other tribunal, any cause of action, claim,

counterclaim, offset or defense, which the principal has, or claims to

have, against any individual, partnership, association, corporation,

government, or other person or instrumentality, including, by way of

illustration and not of restriction, power to sue for the recovery of

land or of any other thing of value, for the recovery of damages

sustained by the principal in any manner, for the elimination or

modification of tax liability, for an injunction, for specific

performance, or for any other relief;

2. To bring an action of interpleader or other action to determine

adverse claims, to intervene or to interplead in any action or

proceeding, and to act in any litigation as amicus curiae;

3. In connection with any action or proceeding or controversy, at law

or otherwise, to apply for and, if possible, to procure a libel, an

attachment, a garnishment, an order of arrest or other preliminary,

provisional or intermediate relief and to resort to and to utilize in

all ways permitted by law any available procedure for the effectuation

or satisfaction of the judgment, order or decree obtained;

4. In connection with any action or proceeding, at law or otherwise,

to perform any act which the principal might perform, including by way

of illustration and not of restriction, acceptance of tender, offer of

judgment, admission of any facts, submission of any controversy on an

agreed statement of facts, consent to examination before trial, and

generally to bind the principal in the conduct of any litigation or

controversy as seems desirable to the agent;

5. To submit to alternative dispute resolution, to settle, and to

propose or to accept a compromise with respect to, any claim existing in

favor of or against the principal, or any litigation to which the

principal is, or may become or be designated a party;

6. To waive the issuance and service of a summons, citation or other

process upon the principal, to accept service of process, to appear for

the principal, to designate persons upon whom process directed to the

principal may be served, to execute and to file or deliver stipulations

on the principal's behalf, to verify pleadings, to appeal to appellate

tribunals, to procure and to give surety and indemnity bonds at such

times and to such extent as the agent shall think to be desirable or

necessary, to contract and pay for the preparation and printing of

records and briefs, to receive and to execute and to file or deliver any

consent, waiver, release, confession of judgment, satisfaction of

judgment, notice, agreement, or other instrument which the agent shall

think to be desirable or necessary in connection with the prosecution,

settlement or defense of any claim by or against the principal or of any

litigation to which the principal is or may become or be designated a

party;

7. To appear for, to represent and to act for the principal with

respect to bankruptcy or insolvency proceedings, whether voluntary or

involuntary, whether of the principal or of some other person, with

respect to any reorganization proceeding, or with respect to any

receivership or application for the appointment of a receiver or trustee

which, in any way, affects any interest of the principal in any land,

chattel, bond, share, commodity interest, chose in action or other thing

of value;

8. To hire, to discharge, and to compensate any attorney, accountant,

expert witness or other assistant or assistants when the agent shall

think such action to be desirable for the proper execution by him of any

of the powers described in this section;

9. To pay, from funds in his control or for the account of the

principal, any judgment against the principal or any settlement which

may be made in connection with any transaction enumerated in this

section, and to receive and conserve any moneys or other things of value

paid in settlement of or as proceeds of one or more of the transactions

enumerated in this section, and to receive and endorse checks and to

deposit the same; and

10. In general, and in addition to all the specific acts in this

section enumerated, to do any other act or acts, which the principal can

do through an agent, in connection with any claim by or against the

principal or with litigation to which the principal is or may become or

be designated a party.

All powers described in this section 5-1502H of the general

obligations law shall be exercisable equally with respect to any claim

or litigation existing at the giving of the power of attorney or

thereafter arising, and whether arising in the state of New York or

elsewhere.