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Assembly Bill A1853

2009-2010 Legislative Session

Relates to unenforceable liability exclusions in connection with window guards

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Archive: Last Bill Status - On Floor Calendar

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Bill Amendments

2009-A1853 - Details

2009-A1853 - Summary

Relates to unenforceable liability exclusions in connection with window guards; provides that any release or waiver purporting to limit or avoid liability of an individual, firm, partnership, public or private corporation, public or private institution, public authority or municipal corporation shall be void as against the public policy of the state and wholly unenforceable in cases where such release or waiver relieves liability from the responsibility to provide window guards.

2009-A1853 - Bill Text download pdf 

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

                                  1853

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2009
                               ___________

Introduced  by  M. of A. NOLAN, GOTTFRIED -- Multi-Sponsored by -- M. of
  A. CAHILL, COLTON, COOK, McENENY, PHEFFER -- read once and referred to
  the Committee on Corporations, Authorities and Commissions

AN ACT to amend the public authorities law and the real property law, in
  relation to unenforceable  liability  exclusions  in  connection  with
  window guards

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

  Section 1. The public authorities law  is  amended  by  adding  a  new
section 2986 to read as follows:
  S  2986.  VOID  RELEASE  OR  WAIVER. NO INDIVIDUAL, FIRM, PARTNERSHIP,
PUBLIC OR PRIVATE CORPORATION, PUBLIC  OR  PRIVATE  INSTITUTION,  PUBLIC
AUTHORITY,  OR  MUNICIPAL  CORPORATION, INCLUDING THE MUNICIPAL OR LOCAL
AUTHORITIES INTENDED TO ACCOMPLISH ANY OF  THE  PURPOSES  IN  ACCORDANCE
WITH  THE REQUIREMENTS OF ARTICLE EIGHTEEN OF THE NEW YORK STATE CONSTI-
TUTION, SHALL OFFER A RELEASE OR WAIVER OF ANY KIND PURPORTING TO  LIMIT
OR  AVOID  LIABILITY  IN  CASES  WHERE  SUCH  RELEASE OR WAIVER RELIEVES
LIABILITY FROM THE RESPONSIBILITY TO PROVIDE WINDOW GUARDS. ANY  RELEASE
OR WAIVER OBTAINED IN VIOLATION OF THIS SECTION SHALL BE VOID AS AGAINST
THE PUBLIC POLICY OF THE STATE AND WHOLLY UNENFORCEABLE.
  S  2.    Section 235-c of the real property law is amended by adding a
new subdivision 3 to read as follows:
  3. ANY RELEASE OR WAIVER OF ANY KIND  PURPORTING  TO  LIMIT  OR  AVOID
LIABILITY  OF AN INDIVIDUAL, FIRM, PARTNERSHIP, PUBLIC OR PRIVATE CORPO-
RATION, PUBLIC OR PRIVATE INSTITUTION, PUBLIC  AUTHORITY,  OR  MUNICIPAL
CORPORATION,  INCLUDING  THE  MUNICIPAL OR LOCAL AUTHORITIES INTENDED TO
ACCOMPLISH ANY OF THE PURPOSES IN ACCORDANCE WITH  THE  REQUIREMENTS  OF
ARTICLE  EIGHTEEN  OF  THE NEW YORK STATE CONSTITUTION, SHALL BE VOID AS
AGAINST THE PUBLIC POLICY OF THE STATE AND WHOLLY UNENFORCEABLE IN CASES
WHERE SUCH RELEASE OR WAIVER RELIEVES LIABILITY FROM THE  RESPONSIBILITY
TO  PROVIDE  WINDOW  GUARDS.  IF SUCH RELEASE OR WAIVER IS INCLUDED IN A
LEASE OR RENEWAL THEREOF, ONLY THE RELEASE OR WAIVER SHALL BE VOID.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

2009-A1853A (ACTIVE) - Details

2009-A1853A (ACTIVE) - Summary

Relates to unenforceable liability exclusions in connection with window guards; provides that any release or waiver purporting to limit or avoid liability of an individual, firm, partnership, public or private corporation, public or private institution, public authority or municipal corporation shall be void as against the public policy of the state and wholly unenforceable in cases where such release or waiver relieves liability from the responsibility to provide window guards.

2009-A1853A (ACTIVE) - Sponsor Memo

2009-A1853A (ACTIVE) - Bill Text download pdf 

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

                                 1853--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2009
                               ___________

Introduced  by  M. of A. NOLAN, GOTTFRIED -- Multi-Sponsored by -- M. of
  A. CAHILL, COLTON, COOK, McENENY, PHEFFER -- read once and referred to
  the Committee on Corporations, Authorities and Commissions -- reported
  and referred to the Committee on Codes -- committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the general obligations law and the real  property  law,
  in  relation  to unenforceable liability exclusions in connection with
  window guards

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

  Section  1.  The  general  obligations  law is amended by adding a new
section 5-326.1 to read as follows:
  S 5-326.1. AGREEMENTS WHICH LIMIT LIABILITY FROM THE RESPONSIBILITY TO
PROVIDE WINDOW GUARDS.  NO  INDIVIDUAL,  FIRM,  PARTNERSHIP,  PUBLIC  OR
PRIVATE CORPORATION, PUBLIC OR PRIVATE INSTITUTION, PUBLIC AUTHORITY, OR
MUNICIPAL  CORPORATION,  INCLUDING  THE  MUNICIPAL  OR LOCAL AUTHORITIES
INTENDED TO ACCOMPLISH ANY  OF  THE  PURPOSES  IN  ACCORDANCE  WITH  THE
REQUIREMENTS  OF  ARTICLE  EIGHTEEN  OF THE NEW YORK STATE CONSTITUTION,
SHALL OFFER A RELEASE OR WAIVER OF ANY KIND PURPORTING TO LIMIT OR AVOID
LIABILITY IN CASES WHERE SUCH RELEASE OR WAIVER RELIEVES LIABILITY  FROM
THE  RESPONSIBILITY  TO  PROVIDE  WINDOW  GUARDS.  ANY RELEASE OR WAIVER
OBTAINED IN VIOLATION OF THIS SECTION  SHALL  BE  VOID  AS  AGAINST  THE
PUBLIC POLICY OF THE STATE AND WHOLLY UNENFORCEABLE.
  S  2.    Section 235-c of the real property law is amended by adding a
new subdivision 3 to read as follows:
  3. ANY RELEASE OR WAIVER OF ANY KIND  PURPORTING  TO  LIMIT  OR  AVOID
LIABILITY  OF AN INDIVIDUAL, FIRM, PARTNERSHIP, PUBLIC OR PRIVATE CORPO-
RATION, PUBLIC OR PRIVATE INSTITUTION, PUBLIC  AUTHORITY,  OR  MUNICIPAL
CORPORATION,  INCLUDING  THE  MUNICIPAL OR LOCAL AUTHORITIES INTENDED TO
ACCOMPLISH ANY OF THE PURPOSES IN ACCORDANCE WITH  THE  REQUIREMENTS  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02123-02-9

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