senate Bill S1899

2021-2022 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 Committee 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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 16, 2021 referred to judiciary

S1899 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §1411, CPLR
Versions Introduced in Other Legislative Sessions:
2017-2018: S6876
2019-2020: S326

S1899 (ACTIVE) - Summary

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

S1899 (ACTIVE) - Sponsor Memo

S1899 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1899
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by  Sen.  AKSHAR -- read twice and ordered printed, and when
   printed to be committed 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.
                                                            LBD03876-01-1


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