It is the intent of this article, which may hereafter be known and cited as the “New York State Equal Access to Justice Act”, to create a mechanism authorizing the recovery of counsel fees and other reasonable expenses in certain actions against the state of New York, similar to the provisions of federal law contained in 28 U.S.C. § 2412(d) and the significant body of case law that has evolved thereunder.
§ 8600.Intent and short title.
Article 86. Counsel Fees and Expenses in Certain Actions Against the State · Last amended 1990 · Last verified July 21, 2026
In one sentenceSection 8600 gives Article 86 its short title, the New York State Equal Access to Justice Act, and states that the article creates a mechanism for recovering counsel fees and other reasonable expenses in certain civil actions brought against the state.
Full Text of CPLR 8600
Plain-English Summary
Section 8600 opens Article 86 with a statement of purpose rather than an operative rule. It names the article the New York State Equal Access to Justice Act and tells the reader what the article is for: creating a way for a party who brings and wins a civil action against the state to recover counsel fees and other reasonable expenses, in situations spelled out in the sections that follow.
The section does not itself award anything. It frames the rest of Article 86, which sets the standard for an award (section 8601), defines the terms that standard depends on (section 8602), addresses interest on an award that survives an appeal (section 8603), requires public reporting on awards (section 8604), and marks the limits of what the article changes (section 8605).
Because the state ordinarily has broad room to defend its own positions in litigation without paying the other side's lawyer, a dedicated fee-shifting mechanism aimed at the state is a departure from the general rule that each party bears its own counsel fees. Section 8600 signals that departure and gives it a name before the article spells out how it works.
Frequently Asked Questions
What is Article 86 officially called?
Section 8600 gives it the short title New York State Equal Access to Justice Act, and the article may be cited by that name.
Does section 8600 award any fees by itself?
No. It states the article's intent and short title. The award standard is set out in section 8601, and the terms that standard uses are defined in section 8602.
Who can recover fees under Article 86?
Section 8600 does not itself list who qualifies. Section 8602 defines the parties, actions, and other terms that determine eligibility, and section 8601 sets the standard for an award.
Does Article 86 apply to every lawsuit against a state agency?
Article 86 is limited to the kind of civil action defined in section 8602, and section 8602(a) excludes actions brought in the court of claims from that definition.
When did Article 86 take effect?
The article was added in 1989 and amended in 1990, with an effective date of April 1, 1990, according to the history notes to section 8600.
Amendment History
Add, L 1989, ch 770, § 1; amd, L 1990, ch 73, § 1, eff April 1, 1990.
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: New York State Equal Access to Justice ActCPLR 8600 intent and short titleArticle 86 short title CPLRcounsel fees against the state intent sectionNY EAJA CPLR