Assembly Bill A3737

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

Sponsored By

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

Do you support this bill?

Please enter your contact information

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

co-Sponsors

multi-Sponsors

2019-A3737 (ACTIVE) - Details

See Senate Version of this Bill:
S326
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §1411, CPLR
Versions Introduced in Other Legislative Sessions:
2017-2018: A5624, S6876
2021-2022: S1899

2019-A3737 (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-A3737 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3737
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by  M.  of  A.  McDONALD, SCHIMMINGER, CROUCH, ORTIZ, GALEF,
   RIVERA, STEC, D'URSO, LAWRENCE, DiPIETRO,  TAYLOR  --  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 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 on the first of January next succeed-
 ing the date upon which it shall have become a law 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.
                                                            LBD00573-01-9

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.