Bill Text: NY A00608 | 2009-2010 | General Assembly | Amended

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Bill Title: Voids agreements exempting parties, their agents, servants or employees, from liability for damages caused by their negligence, as against public policy unless state statute, federal or international law specifically provides otherwise.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2010-03-11 - amended on third reading 608a [A00608 Detail]

Download: New_York-2009-A00608-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        608--A
                                                                Cal. No. 49
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  M.  of  A.  DINOWITZ  --  Multi-Sponsored by -- M. of A.
         BOYLAND, GOTTFRIED -- read once and referred to the Committee on Judi-
         ciary -- reported from committee, advanced to a third reading, amended
         and ordered reprinted, retaining its place on the order of third read-
         ing
       AN ACT to amend the general obligations  law,  in  relation  to  voiding
         exemptions from liability
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general obligations law is  amended  by  adding  a  new
    2  section 5-336 to read as follows:
    3    S  5-336.  CERTAIN  EXEMPTIONS  VOID AS AGAINST PUBLIC POLICY.  EXCEPT
    4  WHERE  STATE  STATUTE  OR  FEDERAL  OR  INTERNATIONAL  LAW  SPECIFICALLY
    5  PROVIDES OTHERWISE, ANY PROVISION CONTAINED IN ANY COVENANT, CONTRACT OR
    6  AGREEMENT,  THAT  PURPORTS  TO EXEMPT A PARTY FROM LIABILITY FOR DAMAGES
    7  CAUSED BY OR RESULTING FROM THE NEGLIGENCE OF THAT PARTY, OR ITS AGENTS,
    8  SERVANTS OR EMPLOYEES, SHALL BE DEEMED VOID AS AGAINST PUBLIC POLICY AND
    9  WHOLLY UNENFORCEABLE. THE UNENFORCEABILITY OF SUCH PROVISION  SHALL  NOT
   10  AFFECT  THE VALIDITY OR ENFORCEABILITY OF OTHER PROVISIONS OF THE COVEN-
   11  ANT, CONTRACT OR AGREEMENT  IN  WHICH  THE  UNENFORCEABLE  PROVISION  IS
   12  CONTAINED.
   13    S  2.  This  act  shall  take  effect  immediately  and shall apply to
   14  contracts entered into on or after such effective date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02565-02-0