{"data":{"id":"us-ny/n.y.-civil-practice-law-rules-3045","jurisdiction":"us-ny","citation":"N.Y. Civil Practice Law \u0026 Rules § 3045","heading":"Arbitration of damages in medical, dental or podiatric malpractice actions","body":"§ 3045. Arbitration of damages in medical, dental or podiatric\nmalpractice actions. (a) At any time after service of a bill of\nparticulars but no later than sixty days after filing of the notice of\ndental, medical or podiatric malpractice action pursuant to rule\nthirty-four hundred six of this chapter, any defendant in such an action\nmay demand that the plaintiff elect whether to consent to the\narbitration of damages upon a concession of liability in accordance with\nthe provisions of this section.\n  (b) Within twenty days after receipt of such a demand, the plaintiff\nshall elect whether to arbitrate damages in such an action pursuant to\nsuch a concession of liability by the defendant or defendants in the\naction. If the defendant or defendants serve a concession of liability\nupon the plaintiff within twenty days after receipt of such an election,\nthe issue of damages, including the proximate cause thereof, shall be\nsubject to arbitration in accordance with the provisions of article\nseventy-five-A of this chapter. A concession of liability, made pursuant\nto this section, shall not be binding on the defendant for any other\npurpose.","path":["Civil Practice Law \u0026 Rules","Article 30. Remedies and Pleading"],"source_url":"https://legislation.nysenate.gov/api/3/laws/CVP/3045","current_through":"2026-09-11","vintage":"","retrieved_at":"2026-09-14T19:32:44Z","sha256":"7d9b3355e464f7d30f107cfa3cc2c10b364bf4bb8c90d7c9f998573c05c1f046","source_id":"us-ny","stale":false,"prev":"us-ny/n.y.-civil-practice-law-rules-3044","next":"us-ny/n.y.-civil-practice-law-rules-3101"},"notice":"GroundRules: Original legal text. Not legal advice."}