Senate Bill S1190

2011-2012 Legislative Session

Accrual of a cause of action for libel or slander of a decedent

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Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-S1190 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Civil Rights Law
Laws Affected:
Add §78-a, Civ Rts L; amd §215, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: S421
2013-2014: S1154
2015-2016: S1332
2017-2018: S2799
2019-2020: S779
2021-2022: S1472

2011-S1190 (ACTIVE) - Summary

Provides that a cause of action for a declaratory judgement of libel or slander would accrue to the spouse, parent or child of a decedent as the result of a libel or slander which occurred after, but within five years of a decedent's death; provides that any such action must be commenced within one year of the date of the alleged libel or slander; provides that prior to the commencement of such action, the spouse, parent or child must request a retraction of such statements by registered or certified letter.

2011-S1190 (ACTIVE) - Sponsor Memo

2011-S1190 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1190

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 5, 2011
                               ___________

Introduced by Sens. BRESLIN, HASSELL-THOMPSON, KRUGER, SAMPSON, STAVISKY
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Codes

AN  ACT  to  amend  the  civil rights law and the civil practice law and
  rules, in relation to the accrual of a cause of action for a  declara-
  tory judgment of libel or slander of a decedent

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The civil rights law is amended by adding  a  new  section
78-a to read as follows:
  S  78-A.  CAUSE OF ACTION FOR A DECLARATORY JUDGMENT OF LIBEL OR SLAN-
DER OF A DECEDENT.  A CAUSE OF ACTION FOR A DECLARATORY  JUDGMENT  SHALL
ACCRUE  TO  THE  SPOUSE,  PARENT OR CHILD OF A DECEDENT AS A RESULT OF A
LIBEL OR SLANDER THAT OCCURRED AFTER,  BUT  WITHIN  FIVE  YEARS  OF  THE
DECEDENT'S  DEATH.    ANY  SUCH ACTION MUST BE COMMENCED WITHIN ONE YEAR
PURSUANT TO SECTION TWO HUNDRED FIFTEEN OF THE CIVIL  PRACTICE  LAW  AND
RULES.    PRIOR  TO  THE COMMENCEMENT OF SUCH ACTION, THE PLAINTIFF MUST
REQUEST A RETRACTION OF SUCH ALLEGED LIBELOUS OR  SLANDEROUS  STATEMENTS
BY  A  REGISTERED OR CERTIFIED LETTER, RETURN RECEIPT REQUESTED FROM THE
DEFENDANT.  IN SUCH LETTER, THE PLAINTIFF MUST  SET  FORTH,  IN  GENERAL
TERMS,  THEIR  OBJECTIONS  TO  THE ALLEGED LIBELOUS OR SLANDEROUS STATE-
MENTS.  NO ACTION MAY BE COMMENCED UNTIL THIRTY DAYS AFTER  SUCH  LETTER
IS  RECEIVED.   IF THE DEFENDANT IS A NEWSPAPER OR A RADIO OR TELEVISION
STATION, A COPY OF SUCH LETTER MUST ALSO BE SENT TO  ONE  NATIONAL  WIRE
SERVICE  AND  ONE NEWSPAPER OF GENERAL CIRCULATION IN THE SAME COUNTY AS
SUCH ALLEGED LIBELOUS OR SLANDEROUS STATEMENTS WERE PUBLISHED OR SPOKEN.
  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TAPE RECORDINGS  WITH  THE
DECEASED  MAY  BE  ADMITTED AS EVIDENCE SUBJECT TO ALL OTHER EVIDENTIARY
STANDARDS.
  S 2. Section 215 of the civil practice law and  rules  is  amended  by
adding a new subdivision 9 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05126-01-1
              

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