Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to judiciary |
Jan 20, 2011 |
referred to judiciary |
Assembly Bill A2835
2011-2012 Legislative Session
Sponsored By
MORELLE
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Robin Schimminger
Vito Lopez
William Magee
Sandy Galef
multi-Sponsors
Stephen Hawley
Tony Jordan
Donna Lupardo
David McDonough
2011-A2835 (ACTIVE) - Details
- See Senate Version of this Bill:
- S6816
- Current Committee:
- Assembly Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Add ยง1414, CPLR
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
A1895, S4037
2013-2014: A3104, S111
2015-2016: A3209, S543
2017-2018: A2148, S2795
2019-2020: S707
2021-2022: S1703
2011-A2835 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2835 2011-2012 Regular Sessions I N A S S E M B L Y January 20, 2011 ___________ Introduced by M. of A. MORELLE, DESTITO, SCHIMMINGER, V. LOPEZ, MAGEE, CYMBROWITZ, GALEF, ROBINSON -- Multi-Sponsored by -- M. of A. HOOPER, LUPARDO, McENENY, TOWNS, WEISENBERG -- read once and referred to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to the applicability of certain provisions with respect to persons injured in the use of scaffolding and other devices for use by employees 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 section 1414 to read as follows: S 1414. APPLICABILITY TO CERTAIN ACTIONS. 1. IN ANY ACTION OR PROCEEDING TO RECOVER DAMAGES FOR PERSONAL INJURY, INJURY TO PROPERTY, OR WRONGFUL DEATH PURSUANT TO SECTION TWO HUNDRED FORTY, SUBDIVISIONS ONE THROUGH FIVE OF SECTION TWO HUNDRED FORTY-ONE, OR SECTION TWO HUNDRED FORTY-ONE-A OF THE LABOR LAW, WHERE SAFETY EQUIPMENT OR DEVICES HAVE BEEN MADE AVAILABLE, AND A PERSON EMPLOYED OR OTHERWISE ENTITLED TO THE PROTECTION OF THE PROVISIONS OF SUCH SECTION HAS FAILED TO FOLLOW SAFETY INSTRUCTION OR SAFE WORK PRACTICES IN ACCORDANCE WITH TRAINING PROVIDED, OR FAILED TO UTILIZE PROVIDED SAFETY EQUIPMENT OR DEVICES, OR ENGAGED IN A CRIMINAL ACT OR WAS IMPAIRED BY THE USE OF DRUGS OR ALCO- HOL, AND SUCH FAILURE, ACT OR IMPAIRMENT IS A PROXIMATE CAUSE OF AN INJURY TO SUCH PERSON, THE CONDUCT ATTRIBUTABLE TO SUCH PERSON SHALL NOT BAR RECOVERY, BUT THE AMOUNT OF DAMAGES OTHERWISE RECOVERABLE SHALL BE DETERMINED IN ACCORDANCE WITH SECTION FOURTEEN HUNDRED ELEVEN OF THIS ARTICLE TO THE EXTENT THAT SUCH CONDUCT RELATES TO THE COMMISSION OF A CRIMINAL ACT, IMPAIRMENT CAUSED BY THE USE OF DRUGS OR ALCOHOL, THE FAILURE TO USE SAFETY EQUIPMENT OR DEVICES, THE FAILURE TO COMPLY WITH INSTRUCTIONS OR TRAINING REGARDING THE USE OF SAFETY EQUIPMENT OR DEVICES OR THE FAILURE TO OTHERWISE COMPLY WITH SAFE WORK PRACTICES IN ACCORDANCE WITH SAFETY TRAINING PROGRAMS PROVIDED TO SUCH PERSON. SUCH EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05792-01-1
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