assembly Bill A6770

2021-2022 Legislative Session

Provides for the types of damages that may be awarded to the persons for whose benefit an action for wrongful death is brought

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 02, 2021 reported referred to rules
May 26, 2021 reported referred to codes
Mar 29, 2021 referred to judiciary

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A6770 (ACTIVE) - Details

See Senate Version of this Bill:
S74
Current Committee:
Assembly Rules
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd §§5-4.1, 5-4.3, 5-4.4 & 5-4.6, EPT L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2872, S2391
2011-2012: A4851, S2540
2013-2014: A1001, S551
2015-2016: A164, S336
2017-2018: A1386, S411
2019-2020: A5612, S4006

A6770 (ACTIVE) - Summary

Provides for the types of damages that may be awarded to the persons for whose benefit an action for wrongful death is brought.

A6770 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6770
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 29, 2021
                                ___________
 
 Introduced by M. of A. WEINSTEIN, DINOWITZ, ZEBROWSKI, LAVINE, L. ROSEN-
   THAL,  AUBRY, PAULIN, COLTON, PICHARDO, RICHARDSON, HYNDMAN, ABINANTI,
   WEPRIN, JOYNER, SANTABARBARA, TAYLOR,  GRIFFIN,  DE LA ROSA,  CARROLL,
   SAYEGH,  FRONTUS,  JACOBSON,  BURKE, STECK, SIMON, DILAN, EICHENSTEIN,
   FALL, JEAN-PIERRE, SEAWRIGHT, DICKENS, DARLING, SOLAGES, WALLACE, NIOU
   -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, CYMBROWITZ, ENGLEBRIGHT,
   GLICK, GOTTFRIED, LUPARDO, NORRIS, PERRY, SCHMITT  --  read  once  and
   referred to the Committee on Judiciary
 
 AN  ACT  to amend the estates, powers and trusts law, in relation to the
   payment and distribution of damages in wrongful death actions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  1  of section 5-4.1 of the estates, powers and
 trusts law, as amended by chapter 114 of the laws of 2003, is amended to
 read as follows:
   1. The personal representative, duly appointed in this  state  or  any
 other  jurisdiction, of a decedent [who is survived by distributees] may
 maintain an action to recover damages for a  wrongful  act,  neglect  or
 default  which  caused  the  decedent's death against a person who would
 have been liable to the decedent by reason of such wrongful  conduct  if
 death  had  not  ensued.  Such  an action must be commenced within [two]
 THREE years AND SIX MONTHS after the decedent's death; provided,  howev-
 er, that an action on behalf of a decedent whose death was caused by the
 terrorist  attacks on September eleventh, two thousand one, other than a
 decedent identified by the attorney general of the United  States  as  a
 participant  or  conspirator  in  such attacks, must be commenced within
 [two] FOUR years [and six months after the decedent's death].  When  the
 [distributees] PERSONS FOR WHOSE BENEFIT AN ACTION PURSUANT TO THIS PART
 MAY  BE  BROUGHT  do  not  participate  in  the  administration  of  the
 decedent's estate under a will appointing an  executor  who  refuses  to
 bring  such  action,  the  [distributees]  PERSONS  FOR WHOSE BENEFIT AN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.