Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Dec 20, 2019 | vetoed memo.282 |
Dec 17, 2019 | delivered to governor |
Jun 20, 2019 | returned to senate passed assembly ordered to third reading cal.487 substituted for a2372 |
Jun 19, 2019 | referred to judiciary delivered to assembly passed senate ordered to third reading cal.1785 committee discharged and committed to rules |
May 16, 2019 | referred to judiciary |
senate Bill S6081
Vetoed By GovernorSponsored By
Brad Hoylman-Sigal
(D, WF) 47th Senate District
Archive: Last Bill Status - Vetoed by Governor
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Vetoed by Governor
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S6081 (ACTIVE) - Details
S6081 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6081 SPONSOR: HOYLMAN TITLE OF BILL: An act to amend the general obligations law, in relation to settlements in tort actions; and to repeal section 15-108 of such law relating to release or covenant not to sue JUSTIFICATION: Section 15-108 of the General Obligations Law sets forth what happens when a personal injury or wrongful death plaintiff releases from liabil- ity one or more, but fewer than all, of the alleged tortfeasors. Although the statute was enacted to encourage settlements, most commen- tators have concluded that it generally rewards nonsettlors at the expense of seniors and that, by doing so, it actually discourages settlement. The key feature of the statute, and the feature most criticized by the statute's detractors, is that it rewards defendants who do not settle and can penalize plaintiffs and defendants who do. It does this by
S6081 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6081 2019-2020 Regular Sessions I N S E N A T E May 16, 2019 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the general obligations law, in relation to settlements in tort actions; and to repeal section 15-108 of such law relating to release or covenant not to sue 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 Section 15-108 of the general obligations law is REPEALED and a new section 15-108 is added to read as follows: § 15-108.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 A SETTLEMENT HAS OCCURRED. IN THE LATTER EVENT, THE ELECTION SHALL BE MADE AS SOON AS REASONABLY PRACTICABLE AFTER THE PARTY MAKING THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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