Upon motion of a guardian of the property or guardian ad litem of an infant or, if there is no such guardian, then of a parent having legal custody of an infant, or if there is no such parent, by another person having legal custody, or if the infant is married, by an adult spouse residing with the infant, or of the committee of the property of a person judicially declared to be incompetent, or of the conservator of the property of a conservatee, the court may order settlement of any action commenced by or on behalf of the infant, incompetent or conservatee. If no action has been commenced, a special proceeding may be commenced upon petition of such a representative for settlement of any claim by the infant, incompetent or conservatee in any court where an action for the amount of the proposed settlement could have been commenced. Unless otherwise provided by rule of the chief administrator of the courts, if no motion term is being held and there is no justice of the supreme court available in a county where the action or an action on the claim is triable, such a motion may be made, or special proceeding may be commenced, in a county court and the county judge shall act with the same power as a justice of the supreme court even though the amount of the settlement may exceed the jurisdictional limits of the county court. Notice of the motion or petition shall be given as directed by the court. An order on such a motion shall have the effect of a judgment. Such order, or the judgment in a special proceeding, shall be entered without costs and shall approve the fee for the infant’s, incompetent’s or conservatee’s attorney, if any.
§ 1207.Settlement of action or claim by infant, judicially declared incompetent or conservatee, by whom motion made; special proceeding; notice; order of settlement
Article 12. Infants, Incompetents and Conservatees · Last amended 1986 · Last verified July 21, 2026
In one sentenceCPLR 1207 requires court approval before settling a lawsuit or an unfiled claim on behalf of a child, an adjudicated incompetent, or a conservatee, letting their representative move in a pending case or start a special proceeding if no action has been filed.
Full Text of CPLR 1207
Plain-English Summary
A settlement involving a child, a person judicially declared incompetent, or a conservatee needs a court's approval before it's final. If a lawsuit has already been filed, the representative — the property guardian or guardian ad litem, or the custodial parent, custodian, or resident spouse described in CPLR 1201 — moves the court to approve the settlement. If no lawsuit exists yet, that same representative can start a special proceeding asking a court to approve settlement of the underlying claim.
The motion or petition goes to whatever court could have heard a case for that amount, and, where no supreme court justice is available and no motion term is being held, a county court judge can approve the settlement even if it exceeds the county court's usual dollar limits. Notice goes out however the court directs. An order approving the settlement carries the same force as a judgment, and it's entered without costs, but it must approve the fee for the represented person's attorney, if there is one.
Frequently Asked Questions
Do I need court approval to settle a child's injury claim in New York?
Yes. CPLR 1207 requires a court order approving any settlement of a lawsuit or claim involving a child, an adjudicated incompetent, or a conservatee.
Can I settle a claim for a child before filing a lawsuit?
Yes. The representative can start a special proceeding asking the court to approve the settlement, even if no lawsuit has been filed on the claim.
Who can ask the court to approve an infant's settlement?
The child's property guardian or guardian ad litem, or, if there's none, the custodial parent, another custodian, or a resident spouse if the child is married.
Does a settlement order for a child come with court costs?
No. The order or judgment approving the settlement is entered without costs.
Does the court also approve the attorney's fee in a child's settlement?
Yes. The order approving the settlement must also approve the fee for the attorney representing the child, incompetent person, or conservatee.
Advisory Committee Notes
(See also Advisory Committee notes preceding § 1201, under subheading “Settlement of claims.”).
This section is derived from CPA §§ 1320–1324 and a part of subparagraph 1 and all of subparagraph 9 of rule 294 of the RCP. Under former law, there were two procedures for settling an infant’s claim. If an action was already pending, only rule 294 was applicable. If no action was pending, sections 1320 through 1324 were applicable and were supplemented in several respects by rule 294. Because of the difference between motions and special proceedings, both procedures have been retained. Except for form, the two procedures are almost identical and they have been combined in this section.
One difference which formerly existed was in the kinds of actions or claims which might be settled. While rule 294 permitted settlements of any “claim or cause of action belonging to an infant,” § 1320 was limited to cases where the infant has “a claim for damages for personal injury, injury to property or for breach of contract.” The latter phraseology is more limited in application and needlessly restrictive. The new provision is taken from rule 294 and uses the words “any action” and “any claim”; the reference to “cause of action” is omitted as redundant. Neither rule 294 nor § 1320 applied to settlements of claims or actions against an infant. There seems to be no reason not to make this procedure also available as to such claims and the new provision does so. Several other states have statutes providing for settlement of claims by and against infants. See, e. g., NJ Stat Ann § 3A:14-4 (1953); Va Code Ann § 8-169 (1950); Wash Rev Code § 11.92.060 (1951). Furthermore, the procedure is equally appropriate in cases involving judicially declared incompetents and it has been extended to cover these cases.
The section differs from former law by providing that the motion or petition shall be made by a parent only if there is no guardian of the property or guardian ad litem of the infant. When there is a guardian, only he may make the motion or petition since he is specifically authorized to protect the infant’s interests.
The first two sentences of the section are derived from §§ 1320 and 1321 and the opening portion of rule 294. The last sentence of § 1321 and subparagraph 4(b) of rule 294, stating that if the infant is over fourteen years of age he must join in the motion, have been omitted. It has been held as to the last sentence of § 1321 that a settlement is valid even though the infant did not so join. See Armour v Broadman, 283 App Div 351, 128 NYS2d 281 (1st Dept), affd without opinion, 307 NY 897, 123 NE2d 90 (1954). The third sentence is taken from § 1322 and the last sentence from § 1324, a part of subparagraph 1 and all of subparagraph 9 of rule 294. Section 1323 has been omitted.
Amendment History
Add, L 1962, ch 308; amd, L 1969, ch 209, § 1; L 1971, ch 571, § 1; L 1981, ch 115, § 25; L 1986, ch 355, § 1, eff July 17, 1986.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: settling a minor's lawsuit New York court approvalinfant settlement approval New Yorkspecial proceeding infant settlementcourt approval child injury settlement NYguardian ad litem settlement motion