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R 4018.Increased damages

Article 40. Trial Generally · Last amended 1963 · Last verified July 21, 2026

In one sentenceCPLR 4018 requires a fact-finder awarding statutory increased damages to state the base, single-damages figure separately before the court enters judgment for the enhanced amount.

Full Text of CPLR 4018

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Where increased damages are granted by statute, the decision, report or verdict shall specify the sum awarded as single damages, and judgment shall be entered for the increased amount.

Plain-English Summary

CPLR 4018 applies whenever another statute grants increased damages. The decision, report, or verdict must state the sum awarded as single damages, and the judgment is then entered for the increased amount.

Requiring that base figure keeps the record clear. Anyone reviewing the award can see the plain damages number the fact-finder reached, and check that any multiplier or enhancement the statute allows was applied correctly to reach the final judgment.

The rule governs how the award is stated, not which cases qualify for increased damages; that question depends on whatever statute outside the CPLR authorizes the enhancement in the first place.

Frequently Asked Questions

What does CPLR 4018 require when a statute allows increased damages?

It requires the decision, report, or verdict to state the sum awarded as single damages, with judgment then entered for the increased amount.

Why does New York require a verdict to separately state single damages?

Stating the base figure lets the parties and any reviewing court see exactly how the enhanced award was calculated from the plain damages amount.

Does CPLR 4018 create a right to increased damages?

No. CPLR 4018 governs how an award is stated once another statute grants increased damages; it does not itself authorize any enhancement.

Who decides the base damages figure under CPLR 4018, the judge or the jury?

Whichever fact-finder is trying the case, judge or jury, states the single-damages figure as part of its decision, report, or verdict.

What happens if a verdict doesn't separately state single damages as CPLR 4018 requires?

The verdict would be incomplete under the rule's requirement, since judgment for the increased amount depends on the single-damages figure being stated first.

Advisory Committee Notes

This rule is a simplification of CPA § 435.

Amendment History

Add, L 1962, ch 308, eff Sept 1, 1963.

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
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