(a) At any time after service of a bill of particulars but no later than sixty days after filing of the notice of dental, medical or podiatric malpractice action pursuant to rule thirty-four hundred six of this chapter, any defendant in such an action may demand that the plaintiff elect whether to consent to the arbitration of damages upon a concession of liability in accordance with the provisions of this section.
§ 3045.Arbitration of damages in medical, dental or podiatric malpractice actions.
Article 30. Remedies and Pleading · Last amended 1987 · Last verified July 21, 2026
In one sentenceCPLR 3045 lets a defendant in a medical, dental, or podiatric malpractice case concede liability and push only the damages question into arbitration, through a timed demand-and-election process that runs off the bill of particulars and the malpractice notice required by CPLR 3406.
Full Text of CPLR 3045
(b) Within twenty days after receipt of such a demand, the plaintiff shall elect whether to arbitrate damages in such an action pursuant to such a concession of liability by the defendant or defendants in the action. If the defendant or defendants serve a concession of liability upon the plaintiff within twenty days after receipt of such an election, the issue of damages, including the proximate cause thereof, shall be subject to arbitration in accordance with the provisions of article seventy-five-A of this chapter. A concession of liability, made pursuant to this section, shall not be binding on the defendant for any other purpose.
Plain-English Summary
Section 3045 offers a narrow off-ramp in malpractice litigation: a defendant who is confident about liability but wants to control the damages exposure can demand that the plaintiff choose whether to arbitrate damages in exchange for a concession of liability. The defendant has to make that demand after a bill of particulars has been served, but no later than sixty days after the notice of the malpractice action required by rule 3406 is filed.
The plaintiff then has twenty days to decide whether to go along. If the plaintiff elects arbitration and the defendant follows through by serving a concession of liability within twenty days after that election, the case splits: damages, including whether the defendant's conduct proximately caused them, go to arbitration under Article 75-A, while liability is off the table.
The concession only binds the defendant for this purpose. It doesn't operate as an admission the plaintiff can use anywhere else in the case or in any other proceeding, which is what makes the trade workable for a defendant weighing the arbitration route.
Frequently Asked Questions
What is CPLR 3045 arbitration of damages?
It's a procedure limited to medical, dental, and podiatric malpractice cases that lets a defendant concede liability and send only the question of damages to arbitration under Article 75-A.
How does a defendant demand damages arbitration in a malpractice case?
The defendant serves a demand after the bill of particulars is served, no later than sixty days after the notice of the malpractice action under rule 3406 is filed, asking the plaintiff to elect whether to arbitrate damages on a concession of liability.
Does conceding liability under CPLR 3045 hurt the defendant in any other proceeding?
No. The section says a concession of liability made under this procedure isn't binding on the defendant for any other purpose.
How long does a plaintiff have to respond to a CPLR 3045 demand?
Twenty days to elect whether to arbitrate damages, and the defendant then has twenty days after that election to serve the concession of liability.
Can CPLR 3045 be used outside medical malpractice cases?
No, it's limited by its terms to medical, dental, and podiatric malpractice actions.
Amendment History
Add, L 1986, ch 266, § 3; amd, L 1987, ch 507, § 2, eff July 30, 1987.
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: CPLR 3045 New Yorkarbitration of damages malpractice New Yorkmedical malpractice concession of liabilityCPLR 3045 demand arbitration damagespodiatric malpractice arbitration New York