Assembly Bill A5624

2017-2018 Legislative Session

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

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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

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2017-A5624 (ACTIVE) - Details

See Senate Version of this Bill:
S6876
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §1411, CPLR
Versions Introduced in Other Legislative Sessions:
2019-2020: A3737, S326
2021-2022: S1899

2017-A5624 (ACTIVE) - Summary

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

2017-A5624 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5624
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2017
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee 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 January 1, 2018 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.
                                                            LBD09848-01-7

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