|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 03, 2018||referred to judiciary|
|Sep 20, 2017||referred to rules|
senate Bill S6876
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6876 (ACTIVE) - Details
S6876 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6876 SPONSOR: AKSHAR TITLE OF BILL: An act to amend the civil practice law and rules, in relation to damages recoverable when contributory negligence or assumption of risk is estab- lished in cases involving building construction, demolition and repair work PURPOSE OR GENERAL IDEA OF BILL: To apply existing comparative negligence standards to claims filed under article ten of New York State Labor Law. SUMMARY OF SPECIFIC PROVISIONS: Amends CPLR 1411 to apply a standard of comparative negligence with respect to actions for personal injury, property damage or wrongful death brought under article ten of the Labor Law.
S6876 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6876 2017-2018 Regular Sessions I N S E N A T E September 20, 2017 ___________ Introduced by Sen. AKSHAR -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the civil practice law and rules, in relation to damages recoverable when contributory negligence or assumption of risk is established in cases involving building construction, demolition and repair work THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1411 of the civil practice law and rules, as added by chapter 69 of the laws of 1975, is amended to read as follows: § 1411. Damages recoverable when contributory negligence or assumption of risk is established. In any action to recover damages for personal injury, injury to property, or wrongful death, the culpable conduct attributable to the claimant or to the decedent, including contributory negligence or assumption of risk, shall not bar recovery, but the amount of damages otherwise recoverable shall be diminished in the proportion which the culpable conduct attributable to the claimant or decedent bears to the culpable conduct which caused the damages. NOTWITHSTANDING ANY JUDICIAL PRECEDENT, STATUTE, RULE OR REGULATION TO THE CONTRARY, THIS SECTION SHALL APPLY TO ANY ACTION TO RECOVER DAMAGES FOR PERSONAL INJURY, INJURY TO PROPERTY OR WRONGFUL DEATH BROUGHT UNDER ARTICLE TEN OF THE LABOR LAW. § 2. This act shall take effect January 1, 2018 and shall apply to all actions commenced on or after such effective date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09848-01-7
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