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Assembly Bill A2776

2017-2018 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 - Stricken

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2017-A2776 (ACTIVE) - Details

See Senate Version of this Bill:
S2057
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §1412, CPLR
Versions Introduced in 2015-2016 Legislative Session:
A10117, S7779

2017-A2776 (ACTIVE) - Summary

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

2017-A2776 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2776
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 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:
   §  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.
   §  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.
                                                            LBD05117-01-7

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