assembly Bill A244

2015-2016 Legislative Session

Provides, in tort cases where one defendant has settled, that remaining defendants must elect prior to trial as to reduction in liability; repealer

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Sponsored By

Archive: Last Bill Status - On Floor Calendar


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 26, 2016 advanced to third reading cal.730
May 24, 2016 reported
Jan 06, 2016 referred to judiciary
Mar 05, 2015 advanced to third reading cal.52
Mar 03, 2015 reported
Jan 07, 2015 referred to judiciary

Co-Sponsors

Multi-Sponsors

A244 (ACTIVE) - Details

See Senate Version of this Bill:
S1605
Law Section:
General Obligations Law
Laws Affected:
Rpld & add ยง15-108, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2579, S2390
2011-2012: A625, S3766
2013-2014: A1085, S887
2017-2018: A1415, A9028
2019-2020: A2372
2021-2022: A3024
2023-2024: A1739

A244 (ACTIVE) - Summary

Provides, in tort cases where one defendant has settled, that remaining defendants must elect, prior to trial, whether to reduce liability by the amount of the settlement or by the amount of the equitable share of damages delegated to the settler in the verdict.

A244 (ACTIVE) - Bill Text download pdf

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

                                   244

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. WEINSTEIN, ABINANTI, MONTESANO -- Multi-Sponsored
  by  --  M. of A.  GOTTFRIED -- read once and referred to the Committee
  on Judiciary

AN ACT to amend the general obligations law, in relation to  settlements
  in tort actions; and to repeal certain provisions of such law relating
  thereto

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

  Section 1. Section 15-108 of the general obligations law  is  REPEALED
and a new section 15-108 is added to read as follows:
  S 15-108. SETTLEMENTS IN TORT ACTIONS. (A) EFFECT OF SETTLEMENT. (1) A
SETTLEMENT  REACHED  WITH  ONE  OF TWO OR MORE PERSONS WHO ARE LIABLE OR
CLAIMED TO BE LIABLE IN TORT FOR THE SAME INJURY OR WRONGFUL DEATH  DOES
NOT  DISCHARGE  ANY  OTHER  TORTFEASOR  FROM  LIABILITY UNLESS ITS TERMS
EXPRESSLY SO PROVIDE, EXCEPT THAT EACH OF THE REMAINING TORTFEASORS  MAY
CHOOSE  TO  REDUCE  HIS OR HER LIABILITY TO THE PLAINTIFF OR CLAIMANT BY
THE STATED SETTLEMENT AMOUNT, THE CONSIDERATION ACTUALLY  PAID,  OR  THE
SETTLING TORTFEASOR'S EQUITABLE SHARE OF THE DAMAGES AS DETERMINED UNDER
ARTICLE FOURTEEN OF THE CIVIL PRACTICE LAW AND RULES.
  (2)  WHEN  MORE  THAN ONE PERSON SETTLES WITH A PLAINTIFF OR CLAIMANT,
EACH OF THE REMAINING TORTFEASORS  MAY  CHOOSE  TO  REDUCE  HIS  OR  HER
LIABILITY  TO  THE  PLAINTIFF  OR  CLAIMANT  BY  THE TOTAL OF ALL STATED
SETTLEMENT AMOUNTS, THE TOTAL CONSIDERATION ACTUALLY PAID FOR ALL OF THE
SETTLEMENTS, OR THE TOTAL OF THE SETTLING TORTFEASORS' EQUITABLE  SHARES
OF  THE  DAMAGES AS DETERMINED UNDER ARTICLE FOURTEEN OF THE CIVIL PRAC-
TICE LAW AND RULES.
  (3) THE CHOICE AUTHORIZED BY THIS SUBDIVISION SHALL BE  MADE  IN  OPEN
COURT OR IN A WRITING SUBSCRIBED ON BEHALF OF THE PARTY SEEKING TO LIMIT
LIABILITY, AND SHALL BE MADE PRIOR TO THE FIRST OPENING STATEMENT OF THE
TRIAL UNLESS THE PARTY MAKING THE ELECTION ONLY LATER BECOMES AWARE THAT

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