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The Laws of New York
Consolidated Laws of New York
CHAPTER 8
Civil Practice Law & Rules
ARTICLE 14-A
Damage Actions: Effect of Contributory Negligence and Assumption of Risk
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ARTICLE 14-A
Damage Actions: Effect of Contributory Negligence and Assumption of Risk
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SECTION 1412
Burden of pleading; burden of proof
This entry was published on 2014-09-22
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SECTION 1411
Damages recoverable when contributory negligence or assumption of risk is established
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 14-A
§ 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.