NY State Senate Bill 2019-S482B

Senate Bill S482B

2019-2020 Legislative Session

Provides that limited liability for persons held jointly liable shall not apply to parties held liable for failing to provide reasonable security

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 17, 2020	print number 482b
Jan 17, 2020	amend and recommit to judiciary
Jan 08, 2020	referred to judiciary
Jun 20, 2019	committed to rules
Feb 26, 2019	advanced to third reading
Feb 12, 2019	2nd report cal.
Feb 11, 2019	1st report cal.139
Jan 30, 2019	print number 482a
Jan 30, 2019	amend and recommit to judiciary
Jan 09, 2019	referred to judiciary

Votes

- Feb 11, 2019 - Judiciary Committee Vote
  S482B
  
  10
  
  Aye
  
  2
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: Feb 11, 2019
      
      aye (10)
      
      Bailey
      
      Breslin
      
      Gounardes
      
      Hoylman-Sigal
      
      Kaplan
      
      Myrie
      
      Savino
      
      Sepúlveda
      
      Stavisky
      
      Thomas
      
      nay (2)
      
      O'Mara
      
      Ranzenhofer
      
      aye wr (3)
      
      Boyle
      
      LaValle
      
      Lanza

Bill Amendments

Original

B (Active)

2019-S482 - Details

See Assembly Version of this Bill:: A361
Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §1602, CPLR
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7673, A8644
2011-2012: S127, A335
2013-2014: S81, A411
2015-2016: S1264, A1735
2017-2018: S480, A2088
2021-2022: S354, A172
2023-2024: S1796, A118

2019-S482 - Summary

Provides that limited liability for persons held jointly liable shall not apply to parties held liable for failing to provide reasonable security or failing to provide security required by federal, state or local law, rules or regulations.

2019-S482 - Sponsor Memo

                                
 
BILL NUMBER: S482

SPONSOR: HOYLMAN
 
TITLE OF BILL:  An act to amend the civil practice law and rules, in
relation to limited liability of persons jointly liable

 
PURPOSE:

To provide that limited liability for persons held jointly liable shall
not apply to parties held liable for failing to provide security as
required by law, rule, or regulation

 
SUMMARY OF PROVISIONS:

Section one amends section 1602 of the civil practice law and rules by
adding a new subdivision (14) to provide that limitations on liability
will not apply to any person who owns, manages, and/or controls property
or provides security for said property who fails to provide security as
required by law, rule, or regulation.

Section two provides the effective date and that the law shall apply to

causes of action commenced or pending on or after such date.

 
JUSTIFICATION:

Where a tenant is raped by an intruder who gained access to the tenant's
building through a defect in the building's security, New York is among
a small number of states that asks a jury to apportion liability between
the rapist and the negligent landlord who failed to keep the building
secure. This leads to an unintended and bizarre result when the victim
attempts to recover damages from the negligent landlord for the personal
injury suffered at the hands of the rapist.

Under current law, if the negligent landlord is found to be 50% or less
liable for the injury, the landlord's liability is limited to his "equi-
table share" based on the "relative culpability" of each person contrib-
uting to the total liability. The only time this limitation, on liabil-
ity of the landlord is not imposed is when the other person contributing
to the liability, i.e. the rapist, cannot be found.

Accordingly, in the case of the raped tenant, a jury will likely find
the rapist to be more than 5015, if not 100%, liable for the victim's
injury, freeing the landlord from liability, even though the landlord
failed to maintain adequate security at the time of the assault.

There is another curious consequence that results from the application
of this limitation on liability. Current law provides that the limita-
tion on liability is not applied where the other person responsible for
the victim's injury cannot be found. So in the case of the raped tenant,
if the rapist cannot be found, the limitation on liability of the land-
lord will not be imposed and the victim may be able to recover fully for
damages against the landlord for his failing to provide reasonable secu-
rity. If, on the other hand, the rapist is found, the victim will likely
recover little, if any, damages from the landlord since the limitation
of liability will be applied based on the landlord's "relative culpabil-
ity." The landlord's relative culpability will likely be deemed to be
small as compared to the rapist's culpability, and almost all of the
liability imposed, on the rapist. One may surmise that the odds of
recovering damages from the rapist are slim.
Current law, then, forces the victim to choose between cooperating with
law enforcement to find her attacker and bring him to justice and not
seeking to identify her assailant so that she can recover damages 100%
from the landlord in her personal injury action. Prior to 2002, New York
courts generally held that the law requiring apportionment of liability
did not apply to personal injury actions involving a negligent actor
(i.e., a landlord) and an intentional wrongdoer (i.e., a criminal who
commits assault). Yet the Court of Appeals in 2002 required allocation
of liability, noting that the legislature would need to modify the law
to clarify its intent regarding apportionment in these types of cases.

This bill will make clear that allocation of liability will not apply to
person who owns, manages, and/or controls property or provides security
for said property for failing to provide security as required by law,
rule, or regulation.

 
LEGISLATIVE HISTORY:

2017-2018: S.0480 (Peralta) - Died in Judiciary
2015-2016: S.1264 (Peralta) - Died in Judiciary
2013-2014: S.0081 (Peralta) - Died in Judiciary
2011-2012: S.0127 (Peralta) - Died in Rules
2010: S.7673 (Peralta) - Died on Third Reading

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to causes of
action commenced or pending on or after such date.

2019-S482 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    482
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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 limited
   liability of persons jointly liable

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1602 of the civil practice law and rules is amended
 by adding a new subdivision 14 to read as follows:
   14. NOT APPLY TO ANY PERSON WHO OWNS, MANAGES, AND/OR CONTROLS PROPER-
 TY  WHO  IS FOUND TO HAVE FAILED TO PROVIDE SECURITY AS REQUIRED BY LAW,
 RULE OR REGULATION.
   § 2. This act shall take effect immediately and shall apply to  causes
 of action commenced or pending on or after such date.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00623-01-9

2019-S482A - Details

See Assembly Version of this Bill:: A361
Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §1602, CPLR
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7673, A8644
2011-2012: S127, A335
2013-2014: S81, A411
2015-2016: S1264, A1735
2017-2018: S480, A2088
2021-2022: S354, A172
2023-2024: S1796, A118

2019-S482A - Summary

2019-S482A - Sponsor Memo

                                
 
BILL NUMBER: S482A

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to limited
liability of persons jointly liable

 
PURPOSE:

To provide that limited liability for persons held jointly liable shall
not apply to parties held liable for failing to provide security as
required by law, rule, or regulation

 
SUMMARY OF PROVISIONS:

Section one amends section 1602 of the civil practice law and rules by
adding a new subdivision (14) to provide that limitations on liability
will not apply to any person who owns, manages, and/or controls property
or provides security for said property who fails to provide security as
required by law, rule, or regulation.

Section two provides the effective date and that the law shall apply to
causes of action commenced or pending on or after such date.

 
JUSTIFICATION:

Where a tenant is raped by an intruder who gained access to the tenant's
building through a defect in the building's security, New York is among
a small number of states that asks a jury to apportion liability between
the rapist and the negligent landlord who failed to keep the building
secure. This leads to an unintended and bizarre result when the victim
attempts to recover damages from the negligent landlord for the personal
injury suffered at the hands of the rapist.  Under current law, if the
negligent landlord is found to be 50% or less liable for the injury, the
landlord's liability is limited to his "equitable share" based on the
"relative culpability" of each person contributing to the total liabil-
ity. The only time this limitation, on liability of the landlord is not
imposed is when the other person contributing to the liability, i.e. the
rapist, cannot be found.

Accordingly, in the case of the raped tenant, a jury will likely find
the rapist to be more than 5015, if not 100%, liable for the victim's
injury, freeing the landlord from liability, even though the landlord
failed to maintain adequate security at the time of the assault.

There is another curious consequence that results from the application
of this limitation on liability. Current law provides that the limita-
tion on liability is not applied where the other person responsible for
the victim's injury cannot be found. So in the case of the raped tenant,
if the rapist cannot be found, the limitation on liability of the land-
lord will not be imposed and the victim may be able to recover fully for
damages against the landlord for his failing to provide reasonable secu-
rity. If, on the other hand, the rapist is found, the victim will likely
recover little, if any, damages from the landlord since the limitation
of liability will be applied based on the landlord's "relative culpabil-
ity." The landlord's relative culpability will likely be deemed to be
small as compared to the rapist's culpability, and almost all of the

liability imposed, on the rapist. One may surmise that the odds of
recovering damages from the rapist are slim.

Current law, then, forces the victim to choose between cooperating with
law enforcement to find her attacker and bring him to justice and not
seeking to identify her assailant so that she can recover damages 100%
from the landlord in her personal injury action. Prior to 2002, New York
courts generally held that the law requiring apportionment of liability
did not apply to personal injury actions involving a negligent actor
(i.e., a landlord) and an intentional wrongdoer (i.e., a criminal who
commits assault). Yet the Court of Appeals in 2002 required allocation
of liability, noting that the legislature would need to modify the law
to clarify its intent regarding apportionment in these types of cases.

This bill will make clear that allocation of liability will not apply to
person who owns, manages, and/or controls property or provides security
for said property for failing to provide security as required by law,
rule, or regulation.

 
LEGISLATIVE HISTORY:

2017-2018: S.0480 (Peralta)- Died in Judiciary
2015-2016: S.1264 (Peralta)- Died in Judiciary
2013-2014: S.0081 (Peralta)- Died in Judiciary
2011-2012: S.0127 (Peralta)- Died in Rules
2010: S.7673 (Peralta) - Died on Third Reading

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to causes of
action commenced or pending on or after such date.

2019-S482A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  482--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Judiciary  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the civil practice law and rules, in relation to limited
   liability of persons jointly liable
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1602 of the civil practice law and rules is amended
 by adding a new subdivision 14 to read as follows:
   14. NOT APPLY TO ANY PERSON WHO OWNS, MANAGES, AND/OR CONTROLS PROPER-
 TY WHO IS HELD LIABLE FOR FAILING TO PROVIDE  SECURITY  AS  REQUIRED  BY
 LAW, RULE OR REGULATION.
   §  2. This act shall take effect immediately and shall apply to causes
 of action commenced or pending on or after such date.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00623-03-9

2019-S482B (ACTIVE) - Details

See Assembly Version of this Bill:: A361
Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §1602, CPLR
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7673, A8644
2011-2012: S127, A335
2013-2014: S81, A411
2015-2016: S1264, A1735
2017-2018: S480, A2088
2021-2022: S354, A172
2023-2024: S1796, A118

2019-S482B (ACTIVE) - Summary

2019-S482B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S482B

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to limited
liability of persons jointly liable

 
PURPOSE::

To provide that limited liability for persons held jointly liable shall
not apply to parties held liable for failing to provide security as
required by law, rule, or regulation

 
SUMMARY OF PROVISIONS::

Section one amends section 1602 of the civil practice law and rules by
adding a new subdivision (15) to provide that limitations on liability
will not apply to any person who owns, manages, and/or controls property
or provides security for said property who fails to provide security as
required by law, rule, or regulation.

Section two provides the effective date and that the law shall apply to
causes of action commenced or pending on or after such date.

 
JUSTIFICATION::

Where a tenant is raped by an intruder who gained access to the tenant's
building through a defect in the building's security, New York is among
a small number of states that asks a jury to apportion liability between
the rapist and the negligent landlord who failed to keep the building
secure. This leads to an unintended and bizarre result when the victim
attempts to recover damages from the negligent landlord for the personal
injury suffered at the hands of the rapist.  Under current law, if the
negligent landlord is found to be 50% or less liable for the injury, the
landlord's liability is limited to his "equitable share" based on the
"relative culpability" of each person contributing to the total liabil-
ity. The only time this limitation, on liability of the landlord is not
imposed is when the other person contributing to the liability, i.e. the
rapist, cannot be found.

Accordingly, in the case of the raped tenant, a jury will likely find
the rapist to be more than 5015, if not 100%, liable for the victim's
injury, freeing the landlord from liability, even though the landlord
failed to maintain adequate security at the time of the assault.

There is another curious consequence that results from the application
of this limitation on liability. Current law provides that the limita-
tion on liability is not applied where the other person responsible for
the victim's injury cannot be found. So in the case of the raped tenant,
if the rapist cannot be found, the limitation on liability of the land-
lord will not be imposed and the victim may be able to recover fully for
damages against the landlord for his failing to provide reasonable secu-
rity. If, on the other hand, the rapist is found, the victim will likely
recover little, if any, damages from the landlord since the limitation
of liability will be applied based on the landlord's "relative culpabil-
ity." The landlord's relative culpability will likely be deemed to be
small as compared to the rapist's culpability, and almost all of the

liability imposed, on the rapist. One may surmise that the odds of
recovering damages from the rapist are slim.

Current law, then, forces the victim to choose between cooperating with
law enforcement to find her attacker and bring him to justice and not
seeking to identify her assailant so that she can recover damages 100%
from the landlord in her personal injury action. Prior to 2002, New York
courts generally held that the law requiring apportionment of liability
did not apply to personal injury actions involving a negligent actor
(i.e., a landlord) and an intentional wrongdoer (i.e., a criminal who
commits assault). Yet the Court of Appeals. in 2002 required allocation
of liability, noting that the legislature would need to modify the law
to clarify its intent regarding apportionment in these types of cases.

This bill will make clear that allocation of liability will not apply to
person who owns, manages, and/or controls property or provides security
for said property for failing to provide security as required by law,
rule, or regulation.

 
LEGISLATIVE HISTORY::

2017-2018:S.0480(Peralta)-Died in Judiciary
2015-2016:S.1264(Peralta)-Died in Judiciary
2013-2014:S.0081(Peralta)-Died in Judiciary
2011-2012:S.0127(Peralta)-Died in Rules
2010: 5.7673 (Peralta) - Died on Third Reading

 
FISCAL IMPLICATIONS::

None.

 
EFFECTIVE DATE::

This act shall take effect immediately and shall apply to causes of
action commenced or pending on or after such date.

2019-S482B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  482--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Judiciary  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  recommitted  to the Committee on Judiciary in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the civil practice law and rules, in relation to limited
   liability of persons jointly liable
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1602 of the civil practice law and rules is amended
 by adding a new subdivision 15 to read as follows:
   15. NOT APPLY TO ANY PERSON WHO OWNS, MANAGES, AND/OR CONTROLS PROPER-
 TY  WHO  IS  HELD  LIABLE FOR FAILING TO PROVIDE SECURITY AS REQUIRED BY
 LAW, RULE OR REGULATION.
   § 2. This act shall take effect immediately and shall apply to  causes
 of action commenced or pending on or after such date.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00623-05-0

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.