Senate Bill S8485

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

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Sponsored By

Current Bill Status Via A9232 - Passed Senate


  • 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
Votes

Bill Amendments

co-Sponsors

2023-S8485 - Details

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: S2391
2011-2012: S2540
2013-2014: S551
2015-2016: S336
2017-2018: S411
2019-2020: S4006
2021-2022: S74

2023-S8485 - 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-S8485 - Sponsor Memo

2023-S8485 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8485
 
                             I N  S E N A T E
 
                             February 5, 2024
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Judiciary
 
 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.
   § 2. Paragraph (a) of section 5-4.3 of the estates, powers and  trusts
 law,  as  amended by chapter 100 of the laws of 1982, is amended to read
 as follows:
   (a) The damages awarded to the plaintiff may be such sum as  the  jury
 or,  where issues of fact are tried without a jury, the court or referee
 deems to be fair and just  compensation  for  the  [pecuniary]  injuries
 resulting from the decedent's death to the persons for whose benefit the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2023-S8485A - Details

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: S2391
2011-2012: S2540
2013-2014: S551
2015-2016: S336
2017-2018: S411
2019-2020: S4006
2021-2022: S74

2023-S8485A - 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-S8485A - Sponsor Memo

2023-S8485A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8485--A
 
                             I N  S E N A T E
 
                             February 5, 2024
                                ___________
 
 Introduced by Sens. HOYLMAN-SIGAL, ASHBY, GALLIVAN, LANZA, MURRAY, ORTT,
   PALUMBO,  TEDISCO,  WEBER  -- read twice and ordered printed, and when
   printed to be committed to the  Committee  on  Judiciary  --  reported
   favorably  from  said  committee  and  committed  to  the Committee on
   Finance -- 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
 BROUGHT are entitled to have an administrator appointed to prosecute the
 action for their benefit.
   §  2. Paragraph (a) of section 5-4.3 of the estates, powers and trusts
 law, as amended by chapter 100 of the laws of 1982, is amended  to  read
 as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2023-S8485B (ACTIVE) - Details

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: S2391
2011-2012: S2540
2013-2014: S551
2015-2016: S336
2017-2018: S411
2019-2020: S4006
2021-2022: S74

2023-S8485B (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-S8485B (ACTIVE) - Sponsor Memo

2023-S8485B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8485--B
     Cal. No. 1399
 
                             I N  S E N A T E
 
                             February 5, 2024
                                ___________
 
 Introduced by Sens. HOYLMAN-SIGAL, ASHBY, GALLIVAN, LANZA, MURRAY, ORTT,
   PALUMBO,  TEDISCO,  WEBER  -- read twice and ordered printed, and when
   printed to be committed to the  Committee  on  Judiciary  --  reported
   favorably  from  said  committee  and  committed  to  the Committee on
   Finance -- committee discharged, bill amended,  ordered  reprinted  as
   amended  and  recommitted to said committee -- reported favorably from
   said committee, ordered to first and second report, ordered to a third
   reading, amended and ordered reprinted, retaining  its  place  in  the
   order of third reading
 
 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
              

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