Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 05, 2018 |
referred to judiciary |
Assembly Bill A9744
2017-2018 Legislative Session
Sponsored By
SCHIMMINGER
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
John T. McDonald III
2017-A9744 (ACTIVE) - Details
- Current Committee:
- Assembly Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §1411, CPLR
- Versions Introduced in 2019-2020 Legislative Session:
-
A5064
2017-A9744 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9744 I N A S S E M B L Y February 5, 2018 ___________ Introduced by M. of A. SCHIMMINGER, McDONALD -- read once and referred 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, OUTSIDE OF A CITY WITH A POPULATION OF ONE MILLION OR MORE, 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, 2019 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. LBD13962-01-7
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