senate Bill S4579

2011-2012 Legislative Session

Relates to the apportionment of liability for non-economic loss in personal injury actions

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Sponsored By

Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to judiciary
Apr 12, 2011 referred to judiciary

S4579 - Details

See Assembly Version of this Bill:
A6697
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§1601, 1603 & 3018, CPLR

S4579 - Summary

Relates to the apportionment of liability for non-economic loss in personal injury actions.

S4579 - Sponsor Memo

S4579 - Bill Text download pdf

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

                                  4579

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 12, 2011
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed to the Committee on Judiciary

AN  ACT to amend the civil practice law and rules, in relation to appor-
  tionment of liability for non-economic loss in personal injury actions

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

  Section 1. Subdivision 1 of section 1601 of the civil practice law and
rules, as amended by chapter 635 of the laws of 1996, is amended to read
as follows:
  1.    Notwithstanding  any  other  provision of law, when a verdict or
decision in an action or claim for  personal  injury  is  determined  in
favor  of  a  claimant  in  an  action involving two or more tortfeasors
jointly liable or in a claim against the state and the  liability  of  a
defendant  is  found to be fifty percent or less of the total [liability
assigned to all persons liable] CULPABILITY OF ALL PERSONS DEEMED CULPA-
BLE, the liability of such defendant to the  claimant  for  non-economic
loss  shall  not  exceed  that defendant's equitable share determined in
accordance with the relative  culpability  of  each  person  causing  or
contributing to the total [liability] CULPABILITY for non-economic loss;
provided, however that the culpable conduct of any person not a party to
the  action  shall  not be considered in determining any equitable share
herein if the claimant proves that with due  diligence  he  or  she  was
unable  to  obtain jurisdiction over such person in said action (or in a
claim against the state, in a court of this state); and further provided
that the culpable conduct of any  person  shall  not  be  considered  in
determining any equitable share herein to the extent that action against
such  person  is  barred because the claimant has not sustained a "grave
injury" as defined in section eleven of the workers' compensation law.
  S 2. Section 1603 of the civil practice law and rules, as  amended  by
chapter 635 of the laws of 1996, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09308-01-1

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