Wrongful Death:

New York

 §  8303-a. Costs upon frivolous claims and counterclaims in actions to

  recover damages for personal injury,  injury  to  property  or  wrongful

  death.

    (a)  If in an action to recover damages for personal injury, injury to

  property or wrongful death, or an action brought by the  individual  who

  committed  a  crime  against the victim of the crime, and such action or

  claim is commenced or  continued  by  a  plaintiff  or  a  counterclaim,

  defense  or  cross claim is commenced or continued by a defendant and is

  found, at any time during  the  proceedings  or  upon  judgment,  to  be

  frivolous  by  the  court, the court shall award to the successful party

  costs and reasonable attorney's fees not exceeding ten thousand dollars.

    (b) The costs and fees awarded under subdivision (a) of  this  section

  shall  be  assessed either against the party bringing the action, claim,

  cross claim, defense or counterclaim or against the  attorney  for  such

  party,  or  against  both, as may be determined by the court, based upon

  the circumstances of the case. Such costs and fees shall be in  addition

  to any other judgment awarded to the successful party.

    (c) In order to find the action, claim, counterclaim, defense or cross

  claim  to  be frivolous under subdivision (a) of this section, the court

  must find one or more of the following:

    (i) the action,  claim,  counterclaim,  defense  or  cross  claim  was

  commenced,  used  or  continued in bad faith, solely to delay or prolong

  the resolution of the litigation or  to  harass  or  maliciously  injure

  another;

    (ii)  the  action,  claim,  counterclaim,  defense  or cross claim was

  commenced or continued in bad faith without any reasonable basis in  law

  or  fact  and  could  not  be  supported by a good faith argument for an

  extension, modification or reversal of  existing  law.  If  the  action,

  claim,  counterclaim,  defense  or cross claim was promptly discontinued

  when the party or the attorney learned or should have learned  that  the

  action,  claim,  counterclaim,  defense  or  cross  claim  lacked such a

  reasonable basis, the court may find that the party or the attorney  did

  not act in bad faith.

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