Assembly Bill A9957

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9957
 
                           I N  A S S E M B L Y
 
                              April 20, 2022
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to  filing
   initial disclosures in asbestos actions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 article 99 to read as follows:
                                 ARTICLE 99
                    ASBESTOS ACTION INITIAL DISCLOSURES
 SECTION 9901. ASBESTOS  ACTION;  FILING  OF  SWORN   INFORMATION   FORM;
                  DISMISSAL WITHOUT PREJUDICE.
   § 9901. ASBESTOS  ACTION;  FILING OF SWORN INFORMATION FORM; DISMISSAL
 WITHOUT PREJUDICE. 1. A COMPLAINT FILED BY A PLAINTIFF IN ANY  ASBESTOS-
 RELATED PERSONAL INJURY OR WRONGFUL DEATH ACTION SHALL BE ACCOMPANIED BY
 A SWORN INFORMATION FORM SPECIFYING THE EVIDENCE THAT PROVIDES THE BASIS
 FOR  EACH  CLAIM  AGAINST  EACH  DEFENDANT.  THE SWORN INFORMATION SHALL
 INCLUDE ALL OF THE FOLLOWING WITH SPECIFICITY:
   A. THE NAME, ADDRESS, DATE OF BIRTH, MARITAL STATUS, OCCUPATION, SMOK-
 ING HISTORY, CURRENT AND PAST WORKSITES, AND CURRENT AND PAST  EMPLOYERS
 OF  THE  EXPOSED  PERSON, AND ANY PERSON THROUGH WHOM THE EXPOSED PERSON
 WAS EXPOSED TO ASBESTOS;
   B. EACH PERSON THROUGH WHOM THE EXPOSED PERSON WAS EXPOSED TO ASBESTOS
 AND THE EXPOSED PERSON'S RELATIONSHIP TO EACH SUCH PERSON;
   C. EACH PERSON WHO WILL  TESTIFY  AS  A  FACT  WITNESS  REGARDING  THE
 PLAINTIFF'S EXPOSURES;
   D. EACH ASBESTOS-CONTAINING PRODUCT TO WHICH THE PERSON WAS EXPOSED OR
 THE OTHER PERSON WAS EXPOSED IF EXPOSURE WAS THROUGH ANOTHER PERSON;
   E. THE IDENTITY OF THE MANUFACTURER OR SELLER OF THE SPECIFIC ASBESTOS
 PRODUCT FOR EACH EXPOSURE;
   F.  THE  SPECIFIC  LOCATION AND MANNER OF EACH EXPOSURE, INCLUDING FOR
 ANY PERSON THROUGH WHOM THE EXPOSED PERSON WAS EXPOSED TO ASBESTOS;
   G. THE BEGINNING AND ENDING DATES OF EACH EXPOSURE, THE FREQUENCY  AND
 LENGTH  OF  EACH  EXPOSURE, AND THE PROXIMITY OF THE ASBESTOS-CONTAINING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14292-01-2
 A. 9957                             2
 
 PRODUCT OR ITS USE TO THE EXPOSED PERSON AND ANY PERSON THROUGH WHOM THE
 EXPOSED PERSON WAS EXPOSED TO ASBESTOS;
   H. THE SPECIFIC ASBESTOS-RELATED DISEASE CLAIMED TO EXIST; AND
   I.  ANY  SUPPORTING DOCUMENTATION RELATING TO THE INFORMATION REQUIRED
 UNDER THIS SECTION.
   2. A PLAINTIFF'S OBLIGATION TO PROVIDE SWORN INFORMATION UNDER  SUBDI-
 VISION  ONE  OF THIS SECTION IS IN ADDITION TO ANY COURT-ORDERED DISCLO-
 SURES. PLAINTIFFS HAVE A CONTINUING DUTY TO SUPPLEMENT  THE  INFORMATION
 THAT  IS  REQUIRED  TO  BE  DISCLOSED IN SUBDIVISION ONE OF THIS SECTION
 WITHIN FIVE DAYS AFTER THE  PLAINTIFF  RECEIVES  ADDITIONAL  INFORMATION
 THAT IS REQUIRED TO BE DISCLOSED.
   3.  THE  COURT,  ON MOTION BY A DEFENDANT, SHALL DISMISS A PLAINTIFF'S
 ASBESTOS CLAIM WITHOUT PREJUDICE AS TO ANY DEFENDANT  WHOSE  PRODUCT  OR
 PREMISES  IS  NOT  IDENTIFIED  IN  THE REQUIRED DISCLOSURES SET FORTH IN
 SUBDIVISION ONE OF THIS SECTION.
   4. THE COURT, ON MOTION BY A DEFENDANT, SHALL  DISMISS  A  PLAINTIFF'S
 ASBESTOS CLAIM WITHOUT PREJUDICE AS TO ALL DEFENDANTS IF PLAINTIFF FAILS
 TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION.
   §  2.  This  act  shall take effect immediately and shall apply to all
 asbestos-related personal injury or  wrongful  death  actions  that  are
 filed on or after such effective date.