Assembly Bill A5064

2019-2020 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

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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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2019-A5064 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §1411, CPLR
Versions Introduced in 2017-2018 Legislative Session:
A9744

2019-A5064 (ACTIVE) - Summary

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

2019-A5064 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5064
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by  M.  of  A.  SCHIMMINGER -- 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, 2021 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.
                                                            LBD03911-01-9

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