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Assembly Bill A10117

2015-2016 Legislative Session

Places the burden of proving culpable conduct on the party claiming the affirmative defense of comparative negligence

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Archive: Last Bill Status - On Floor Calendar

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2015-A10117 (ACTIVE) - Details

See Senate Version of this Bill:
S7779
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง1412, CPLR
Versions Introduced in 2017-2018 Legislative Session:
A2776, S2057

2015-A10117 (ACTIVE) - Summary

Places the burden of proving culpable conduct on the party claiming the affirmative defense of comparative negligence.

2015-A10117 (ACTIVE) - Bill Text download pdf 

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

                                  10117

                          I N  A S S E M B L Y

                              May 11, 2016
                               ___________

Introduced  by  M. of A. RYAN -- read once and referred to the Committee
  on Judiciary

AN ACT to amend the civil practice law and rules,  in  relation  to  the
  burden of demonstrating comparative negligence

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

  Section 1. Section 1412 of the civil practice law and rules, as  added
by chapter 69 of the laws of 1975, is amended to read as follows:
  S  1412. Burden of pleading; burden of proof. Culpable conduct claimed
in diminution of damages, in accordance with  section  fourteen  hundred
eleven,  shall be an affirmative defense to be pleaded and proved by the
party asserting the defense, AND THAT PARTY SHALL  HAVE  THE  BURDEN  OF
INTERPOSING PROOF OF CULPABLE CONDUCT WHEN ASSERTING SUCH A DEFENSE ON A
MOTION FOR SUMMARY JUDGMENT OR AT TRIAL.
  S  2.  This  act  shall take effect immediately and shall apply to all
actions pending or commenced on or after such effective date.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15383-01-6

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