senate Bill S6876

2017-2018 Legislative Session

Relates to damages recoverable when contributory negligence or assumption of risk is established in cases involving building construction, demolition and repair work

download bill text pdf

Sponsored By

Current Bill Status - In Senate Judiciary Committee


  • 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 03, 2018 referred to judiciary
Sep 20, 2017 referred to rules

Co-Sponsors

S6876 - Details

See Assembly Version of this Bill:
A5624
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §1411, CPLR

S6876 - Summary

Relates to damages recoverable when contributory negligence or assumption of risk is established in cases involving building construction, demolition and repair work.

S6876 - Sponsor Memo

S6876 - 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:
  S 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.
  S 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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