Assembly Bill A9232B

2023-2024 Legislative Session

Provides for the types of damages that may be awarded to the persons for whose benefit an action for wrongful death is brought

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate & Assembly


  • 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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Actions

Bill Amendments

co-Sponsors

multi-Sponsors

2023-A9232 - Details

See Senate Version of this Bill:
S8485
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd §§5-4.1, 5-4.3, 5-4.4 & 5-4.6, EPT L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2872, S2391
2011-2012: A4851, S2540
2013-2014: A1001, S551
2015-2016: A164, S336
2017-2018: A1386, S411
2019-2020: A5612, S4006
2021-2022: A6770, S74

2023-A9232 - Summary

Provides for the types of damages that may be awarded to the persons for whose benefit an action for wrongful death is brought.

2023-A9232 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9232
 
                           I N  A S S E M B L Y
 
                             February 21, 2024
                                ___________
 
 Introduced  by  M.  of  A.  WEINSTEIN, PEOPLES-STOKES, LAVINE, DINOWITZ,
   GLICK, AUBRY, BICHOTTE HERMELYN, BRAUNSTEIN, BURDICK,  BURGOS,  BURKE,
   CARROLL,  CLARK,  COLTON,  COOK,  CRUZ, DICKENS, DILAN, EPSTEIN, FALL,
   GIBBS, HEVESI, HUNTER, HYNDMAN, JACOBSON, JEAN-PIERRE, KIM,  LUNSFORD,
   MAGNARELLI, McMAHON, MEEKS, MITAYNES, NORRIS, PAULIN, REYES, L. ROSEN-
   THAL, SANTABARBARA, SEAWRIGHT, SHRESTHA, SIMON, SOLAGES, STECK, STERN,
   STIRPE,  TAYLOR,  WEPRIN,  ZEBROWSKI -- Multi-Sponsored by -- M. of A.
   LUPARDO, RIVERA -- read once and referred to the Committee on  Judici-
   ary
 
 AN  ACT  to amend the estates, powers and trusts law, in relation to the
   payment and distribution of damages in wrongful death actions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  1  of section 5-4.1 of the estates, powers and
 trusts law, as amended by chapter 114 of the laws of 2003, is amended to
 read as follows:
   1. The personal representative, duly appointed in this  state  or  any
 other  jurisdiction, of a decedent [who is survived by distributees] may
 maintain an action to recover damages for a  wrongful  act,  neglect  or
 default  which  caused  the  decedent's death against a person who would
 have been liable to the decedent by reason of such wrongful  conduct  if
 death  had  not  ensued.  Such  an action must be commenced within [two]
 THREE years after the decedent's  death[;  provided,  however,  that  an
 action  on  behalf of a decedent whose death was caused by the terrorist
 attacks on September eleventh, two thousand one, other than  a  decedent
 identified by the attorney general of the United States as a participant
 or  conspirator  in such attacks, must be commenced within two years and
 six months after the decedent's death]. When the [distributees]  PERSONS
 FOR  WHOSE BENEFIT AN ACTION PURSUANT TO THIS PART MAY BE BROUGHT do not
 participate in the administration of the decedent's estate under a  will
 appointing  an executor who refuses to bring such action, the [distribu-
 tees] PERSONS FOR WHOSE BENEFIT AN ACTION PURSUANT TO THIS PART  MAY  BE
 BROUGHT are entitled to have an administrator appointed to prosecute the
 action for their benefit.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

multi-Sponsors

2023-A9232A - Details

See Senate Version of this Bill:
S8485
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd §§5-4.1, 5-4.3, 5-4.4 & 5-4.6, EPT L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2872, S2391
2011-2012: A4851, S2540
2013-2014: A1001, S551
2015-2016: A164, S336
2017-2018: A1386, S411
2019-2020: A5612, S4006
2021-2022: A6770, S74

2023-A9232A - Summary

Provides for the types of damages that may be awarded to the persons for whose benefit an action for wrongful death is brought.

2023-A9232A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9232--A
 
                           I N  A S S E M B L Y
 
                             February 21, 2024
                                ___________
 
 Introduced  by  M.  of  A.  WEINSTEIN, PEOPLES-STOKES, LAVINE, DINOWITZ,
   GLICK, AUBRY, BICHOTTE HERMELYN, BRAUNSTEIN, BURDICK,  BURGOS,  BURKE,
   CARROLL,  CLARK,  COLTON,  COOK,  CRUZ, DICKENS, DILAN, EPSTEIN, FALL,
   GIBBS, HEVESI, HUNTER, HYNDMAN, JACOBSON, JEAN-PIERRE, KIM,  LUNSFORD,
   MAGNARELLI, McMAHON, MEEKS, MITAYNES, NORRIS, PAULIN, REYES, L. ROSEN-
   THAL,  SANTABARBARA,  SHRESTHA,  SIMON, SOLAGES, STECK, STERN, STIRPE,
   TAYLOR, WEPRIN, ZEBROWSKI -- Multi-Sponsored by -- M. of  A.  LUPARDO,
   RIVERA  --  read  once  and  referred to the Committee on Judiciary --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to amend the estates, powers and trusts law, in relation to the
   payment and distribution of damages in wrongful death actions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  1  of section 5-4.1 of the estates, powers and
 trusts law, as amended by chapter 114 of the laws of 2003, is amended to
 read as follows:
   1. The personal representative, duly appointed in this  state  or  any
 other  jurisdiction, of a decedent [who is survived by distributees] may
 maintain an action to recover damages for a  wrongful  act,  neglect  or
 default  which  caused  the  decedent's death against a person who would
 have been liable to the decedent by reason of such wrongful  conduct  if
 death  had  not  ensued.  Such  an action must be commenced within [two]
 THREE years after the decedent's  death[;  provided,  however,  that  an
 action  on  behalf of a decedent whose death was caused by the terrorist
 attacks on September eleventh, two thousand one, other than  a  decedent
 identified by the attorney general of the United States as a participant
 or  conspirator  in such attacks, must be commenced within two years and
 six months after the decedent's death]. When the [distributees]  PERSONS
 FOR  WHOSE BENEFIT AN ACTION PURSUANT TO THIS PART MAY BE BROUGHT do not
 participate in the administration of the decedent's estate under a  will
 appointing  an executor who refuses to bring such action, the [distribu-
 tees] PERSONS FOR WHOSE BENEFIT AN ACTION PURSUANT TO THIS PART  MAY  BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02714-07-4
              

co-Sponsors

multi-Sponsors

2023-A9232B (ACTIVE) - Details

See Senate Version of this Bill:
S8485
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd §§5-4.1, 5-4.3, 5-4.4 & 5-4.6, EPT L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2872, S2391
2011-2012: A4851, S2540
2013-2014: A1001, S551
2015-2016: A164, S336
2017-2018: A1386, S411
2019-2020: A5612, S4006
2021-2022: A6770, S74

2023-A9232B (ACTIVE) - Summary

Provides for the types of damages that may be awarded to the persons for whose benefit an action for wrongful death is brought.

2023-A9232B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9232--B
 
                           I N  A S S E M B L Y
 
                             February 21, 2024
                                ___________
 
 Introduced  by  M.  of  A.  WEINSTEIN, PEOPLES-STOKES, LAVINE, DINOWITZ,
   GLICK, AUBRY, BICHOTTE HERMELYN, BRAUNSTEIN, BURDICK,  BURGOS,  BURKE,
   CARROLL,  CLARK,  COLTON,  COOK,  CRUZ, DICKENS, DILAN, EPSTEIN, FALL,
   GIBBS, HEVESI, HUNTER, HYNDMAN, JACOBSON, JEAN-PIERRE, KIM,  LUNSFORD,
   MAGNARELLI, McMAHON, MEEKS, MITAYNES, NORRIS, PAULIN, REYES, L. ROSEN-
   THAL,  SANTABARBARA,  SHRESTHA,  SIMON, SOLAGES, STECK, STERN, STIRPE,
   TAYLOR, WEPRIN, ZEBROWSKI, RAGA -- Multi-Sponsored  by  --  M.  of  A.
   LUPARDO,  RIVERA -- read once and referred to the Committee on Judici-
   ary --  committee  discharged,  bill  amended,  ordered  reprinted  as
   amended  and  recommitted  to  said committee -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee -- reported and referred to the Committee on Codes
 
 AN  ACT  to amend the estates, powers and trusts law, in relation to the
   payment and distribution of damages in wrongful death actions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  1  of section 5-4.1 of the estates, powers and
 trusts law, as amended by chapter 114 of the laws of 2003, is amended to
 read as follows:
   1. The personal representative, duly appointed in this  state  or  any
 other  jurisdiction, of a decedent [who is survived by distributees] may
 maintain an action to recover damages for a  wrongful  act,  neglect  or
 default  which  caused  the  decedent's death against a person who would
 have been liable to the decedent by reason of such wrongful  conduct  if
 death  had  not  ensued.  Such  an action must be commenced within [two]
 THREE years after the decedent's  death[;  provided,  however,  that  an
 action  on  behalf of a decedent whose death was caused by the terrorist
 attacks on September eleventh, two thousand one, other than  a  decedent
 identified by the attorney general of the United States as a participant
 or  conspirator  in such attacks, must be commenced within two years and
 six months after the decedent's death]. When the [distributees]  PERSONS
 FOR  WHOSE BENEFIT AN ACTION PURSUANT TO THIS PART MAY BE BROUGHT do not
 participate in the administration of the decedent's estate under a  will
 appointing  an executor who refuses to bring such action, the [distribu-

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

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