assembly Bill A3737

2019-2020 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to judiciary
Jan 31, 2019 referred to judiciary

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A3737 (ACTIVE) - Details

See Senate Version of this Bill:
S326
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §1411, CPLR
Versions Introduced in Other Legislative Sessions:
2017-2018: A5624, S6876
2021-2022: S1899

A3737 (ACTIVE) - Summary

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

A3737 (ACTIVE) - Bill Text download pdf


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

                                  3737

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 31, 2019
                               ___________

Introduced  by  M.  of  A.  McDONALD, SCHIMMINGER, CROUCH, ORTIZ, GALEF,
  RIVERA, STEC, D'URSO, LAWRENCE, DiPIETRO,  TAYLOR  --  read  once  and
  referred to the Committee on Judiciary

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 on the first of January next succeed-
ing the date upon which it shall have become a law 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.
                                                           LBD00573-01-9