Infant Compromise Orders in New York, Richmond County Bar Association Journal, Digital Edition, pp. 17-23 (Spring 2015)

By Rohit K. Mallick, Esq. and Hon. Gerald Lebovits
(Spring 2015)

Infant Compromise Orders present unique challenges in personal-injury lawsuits. Infant cases fall under the ambit of rules involving “disabled” litigants under CPLR Article 12. Infants – those under 18 years old – are “disabled” in that they may not initiate lawsuits on their own. They require a guardian or assigned proxy to represent their interests in court.

In New York, most personal-injury lawsuits never reach trial. They settle. To settle infant claims, both plaintiff and defendant attorneys should …