NY State Assembly Bill A8644A

Archive: Last Bill Status - In Assembly Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
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Actions

view actions (6)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 08, 2010	defeated in judiciary
Feb 03, 2010	print number 8644a
Feb 03, 2010	amend and recommit to judiciary
Jan 06, 2010	referred to judiciary
Jun 09, 2009	reported referred to codes
Jun 01, 2009	referred to judiciary

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

Multi-Sponsors

A8644 - Details

See Senate Version of this Bill:: S7673
Current Committee:: Assembly Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §1602, CPLR
Versions Introduced in Other Legislative Sessions:: 2011-2012: A335, S127
2013-2014: A411, S81
2015-2016: A1735, S1264
2017-2018: A2088, S480
2019-2020: A361, S482
2021-2022: A172, S354
2023-2024: A118, S1796

A8644 - Summary

Provides that limited liability for persons held jointly liable shall not apply to parties held liable for failing to provide reasonable security or failing to provide security required by federal, state or local law, rules or regulations.

A8644 - Sponsor Memo

BILL NUMBER:A8644

TITLE  OF  BILL:    An act to amend the civil practice law and rules, in
relation to limited liability of persons jointly liable

PURPOSE OR GENERAL IDEA OF BILL: To provide that limited  liability  for
persons  held  jointly liable shall not apply to parties held liable for
failing to provide reasonable security

SUMMARY OF SPECIFIC PROVISIONS: Section one amends section 1602  of  the
civil practice law and rules by adding a new subdivision (14) to provide
that  limitations on liability will not apply to any parties held liable
for failing to provide reasonable security or  for  failing  to  provide
security required by federal, state or local laws, rules or regulations.

Section  two provides the effective date and that the law shall apply to
causes of action commenced or pending on or after such date.

JUSTIFICATION: Where a tenant is raped by an intruder who gained  access
to  the  tenant's  building through a defect in the building's security,
New York is among a small number of states that asks a jury to apportion
liability between the rapist and the negligent landlord  who  failed  to
keep the building secure. This leads to an unintended and bizarre result
when  the victim attempts to recover damages from the negligent landlord
for the personal injury suffered at the hands of the rapist.

Under current law, if the negligent landlord is found to be 50% or  less
liable for the injury, the landlord's liability is limited to his "equi-
table share" based on the "relative culpability" of each person contrib-
uting to the total liability. The only time this limitation on liability
of  the landlord is not imposed is when the other person contributing to
the liability, i.e. the rapist, cannot be found.

Accordingly, in the case of the raped tenant, a jury  will  likely  find
the  rapist  to  be  more than 50%, if not 100%, liable for the victim's
injury, freeing the landlord from liability, even  though  the  landlord
failed to maintain adequate security at the time of the assault.

There  is  another curious consequence that results from the application
of this limitation on liability. Current law provides that  the  limita-
tion  on liability is not applied where the other person responsible for
the victim's injury cannot be found. So in the case of the raped tenant,
if the rapist cannot be found, the limitation on liability of the  land-
lord will not be imposed and the victim may be able to recover fully for
damages against the landlord for his failing to provide reasonable secu-
rity. If, on the other hand, the rapist is found, the victim will likely
recover  little,  if any, damages from the landlord since the limitation
of liability will be applied based on the landlord's "relative culpabil-
ity." The landlord's relative culpability will likely be  deemed  to  be
small  as  compared  to  the rapist's culpability, and almost all of the
liability imposed on the rapist. One may surmise that the odds of recov-
ering damages from the rapist are slim.

Current law, then, forces the victim to choose between cooperating  with
law  enforcement  to  find her attacker and bring him to justice and not
seeking to identify her assailant so that she can recover  damages  100%
from the landlord in her personal injury action.

Prior  to  2002,  New  York courts generally held that the law requiring
apportionment of liability did not  apply  to  personal  injury  actions
involving  a negligent actor (i.e. a landlord) and an intentional wrong-
doer (i.e. a criminal who commits assault). Yet the Court of Appeals  in
2002 required allocation of liability, noting that the legislature would
need  to modify the law to clarify its intent regarding apportionment in
these types of cases.

This bill will make clear that allocation of liability will not apply to
a party held liable for failing to provide reasonable  security  or  for
failing  to  provide  security  as  required by federal, state and local
laws.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATION: None.

EFFECTIVE DATE: This act shall take effect immediately.

A8644 - Bill Text download pdf

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

                                  8644

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 1, 2009
                               ___________

Introduced  by  M.  of A. PAULIN, WEINSTEIN, LANCMAN, ESPAILLAT, FIELDS,
  MAYERSOHN -- Multi-Sponsored by -- M. of A. BOYLAND,  TITONE  --  read
  once and referred to the Committee on Judiciary

AN ACT to amend the civil practice law and rules, in relation to limited
  liability of persons jointly liable

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

  Section 1. Section 1602 of the civil practice law and rules is amended
by adding a new subdivision 14 to read as follows:
  14. NOT APPLY TO ANY  PARTIES  HELD  LIABLE  FOR  FAILING  TO  PROVIDE
REASONABLE  SECURITY  OR  FOR  FAILING  TO  PROVIDE SECURITY REQUIRED BY
FEDERAL, STATE OR LOCAL LAWS, RULES OR REGULATIONS.
  S 2. This act shall take effect immediately and shall apply to  causes
of action commenced or pending on or after such date.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14109-01-9

Co-Sponsors

Multi-Sponsors

A8644A (ACTIVE) - Details

See Senate Version of this Bill:: S7673
Current Committee:: Assembly Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §1602, CPLR
Versions Introduced in Other Legislative Sessions:: 2011-2012: A335, S127
2013-2014: A411, S81
2015-2016: A1735, S1264
2017-2018: A2088, S480
2019-2020: A361, S482
2021-2022: A172, S354
2023-2024: A118, S1796

A8644A (ACTIVE) - Summary

A8644A (ACTIVE) - Sponsor Memo

BILL NUMBER:A8644A

TITLE OF BILL:  An act to amend the civil practice law and rules, in
relation to limited liability of persons jointly liable

PURPOSE OR GENERAL IDEA OF BILL: To provide that limited liability for
persons held jointly liable shall not apply to parties held liable for
failing to provide security as required by law, rule or regulation

SUMMARY OF SPECIFIC PROVISIONS:. Section one amends section 1602 of the
civil practice law and rules by adding a new subdivision (14) to provide
that limitations on liability will not apply to any person who owns,
manages, and/or controls property or provides security for said property
who fails to provide security as required by law, rule or regulation.

Section two provides the effective date and that the law shall apply to
causes of action commenced or pending on or after such date.

JUSTIFICATION: Where a tenant is raped by an intruder who gained access
to the tenant's building. through a defect in the building's security,
New York is among a small number of states that asks a jury to apportion
liability between the rapist and the negligent landlord who failed to
keep the building secure. This.leads:to'an unintended and bizarre result
when the victim attempts to recover damages from the negligent landlord
for the personal injury suffered at the hands of the rapist.

Under current law, if the negligent landlord is found to be 50% or less
liable for the injury, the landlord's liability is limited to his "equi-
table share" based on the "relative culpability" of each person contrib-
uting to the total liability. The only time this limitation, on liabil-
ity of the landlord is not imposed is when the other person contributing
to the liability, i.e. the rapist, cannot be found.

Accordingly, in the case of the raped tenant, a jury will likely find
the rapist to be more than 50%, if not 100%, liable for the victim's
injury, freeing the landlord from liability, even though the landlord
failed to maintain adequate security at the time of the assault.

There is another curious consequence that results, from the application
of this limitation on liability. Current law provides that the limita-
tion on liability is not applied where the other person responsible for
the victim's injury cannot be found. So in the case of the raped tenant,
if the rapist cannot be found, the limitation on liability of the land-
lord will not be imposed and the victim may be able to recover fully for
damages against the landlord for his failing to provide reasonable secu-
rity. If, on the other hand, the rapist is found, the victim will likely
recover little, if any, damages from the landlord since the limitation
of liability will be applied based on the landlord's "relative culpabil-
ity." The landlord's relative culpability will likely be deemed to be
small as compared to the rapist's culpability, and almost all of the
liability imposed,on the rapist. One may surmise that the odds of recov-
ering damages from the rapist are slim.

Current law, then, forces the victim to choose between cooperating with
law enforcement to find her attacker and bring him to justice and not
seeking to identify her assailant so that she can recover damages 100%
from the landlord in her personal injury action. Prior to 2002, New York
courts generally held that the law requiring apportionment of liability
did not apply to personal injury actions involving a negligent actor
(i.e. a landlord) and an intentional wrongdoer (i.e. a criminal who
commits assault). Yet the Court of Appeals in 2002 required allocation
of liability, noting that the legislature would need to modify the law
to clarify its intent regarding apportionment in these types of cases.

This bill will make clear that allocation of liability will not apply to
a person who owns, manages, and/or controls property or provides securi-
ty for said property for failing to provide security as required by law,
rule or regulation.

PRIOR LEGISLATIVE HISTORY: This is a, new bill.

FISCAL IMPLICATION: None.

EFFECTIVE DATE: This act shall take effect immediately.

A8644A (ACTIVE) - Bill Text download pdf

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

                                 8644--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 1, 2009
                               ___________

Introduced  by  M.  of A. PAULIN, WEINSTEIN, LANCMAN, ESPAILLAT, FIELDS,
  MAYERSOHN, HOOPER -- Multi-Sponsored by -- M. of A. BOYLAND, TITONE --
  read once and referred to the Committee on Judiciary -- recommitted to
  the Committee on Judiciary in accordance with Assembly Rule 3, sec.  2
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the civil practice law and rules, in relation to limited
  liability of persons jointly liable

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

  Section 1. Section 1602 of the civil practice law and rules is amended
by adding a new subdivision 14 to read as follows:
  14. NOT APPLY TO ANY PERSON WHO OWNS, MANAGES, AND/OR CONTROLS PROPER-
TY  OR PROVIDES SECURITY FOR SAID PROPERTY WHO FAILS TO PROVIDE SECURITY
AS REQUIRED BY LAW, RULE OR REGULATION.
  S 2. This act shall take effect immediately and shall apply to  causes
of action commenced or pending on or after such date.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14109-02-0

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The New York State Senate

assembly Bill A8644A

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Your Voice

Actions

Bill Amendments

Co-Sponsors

Multi-Sponsors

A8644 - Details

A8644 - Summary

A8644 - Sponsor Memo

A8644 - Bill Text download pdf

Co-Sponsors

Multi-Sponsors

A8644A (ACTIVE) - Details

A8644A (ACTIVE) - Summary

A8644A (ACTIVE) - Sponsor Memo

A8644A (ACTIVE) - Bill Text download pdf

Comments

assembly Bill A8644A

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Sponsored By

PAULIN

Archive: Last Bill Status - In Assembly Committee

Your Voice

Actions

Bill Amendments

Co-Sponsors

Helene Weinstein

Rory Lancman

Adriano Espaillat

Ginny Fields

Nettie Mayersohn

Multi-Sponsors

"William Boyland

Matthew Titone

A8644 - Details

A8644 - Summary

A8644 - Sponsor Memo

A8644 - Bill Text download pdf

Co-Sponsors

Helene Weinstein

Rory Lancman

Adriano Espaillat

Ginny Fields

Nettie Mayersohn

Earlene Hooper

Linda Rosenthal

William Colton

Multi-Sponsors

"William Boyland

N. Nick Perry

Audrey Pheffer

Matthew Titone

A8644A (ACTIVE) - Details

A8644A (ACTIVE) - Summary

A8644A (ACTIVE) - Sponsor Memo

A8644A (ACTIVE) - Bill Text download pdf

Comments