Bill Text: NY A01853 | 2009-2010 | General Assembly | Amended

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Bill Title: Relates to unenforceable liability exclusions in connection with window guards; provides that any release or waiver purporting to limit or avoid liability of an individual, firm, partnership, public or private corporation, public or private institution, public authority or municipal corporation shall be void as against the public policy of the state and wholly unenforceable in cases where such release or waiver relieves liability from the responsibility to provide window guards.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2010-06-22 - ordered to third reading rules cal.231 [A01853 Detail]

Download: New_York-2009-A01853-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1853--A
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2009
                                      ___________
       Introduced  by  M. of A. NOLAN, GOTTFRIED -- Multi-Sponsored by -- M. of
         A. CAHILL, COLTON, COOK, McENENY, PHEFFER -- read once and referred to
         the Committee on Corporations, Authorities and Commissions -- reported
         and referred to the Committee on Codes -- committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee
       AN ACT to amend the general obligations law and the real  property  law,
         in  relation  to unenforceable liability exclusions in connection with
         window guards
         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 5-326.1 to read as follows:
    3    S 5-326.1. AGREEMENTS WHICH LIMIT LIABILITY FROM THE RESPONSIBILITY TO
    4  PROVIDE WINDOW GUARDS.  NO  INDIVIDUAL,  FIRM,  PARTNERSHIP,  PUBLIC  OR
    5  PRIVATE CORPORATION, PUBLIC OR PRIVATE INSTITUTION, PUBLIC AUTHORITY, OR
    6  MUNICIPAL  CORPORATION,  INCLUDING  THE  MUNICIPAL  OR LOCAL AUTHORITIES
    7  INTENDED TO ACCOMPLISH ANY  OF  THE  PURPOSES  IN  ACCORDANCE  WITH  THE
    8  REQUIREMENTS  OF  ARTICLE  EIGHTEEN  OF THE NEW YORK STATE CONSTITUTION,
    9  SHALL OFFER A RELEASE OR WAIVER OF ANY KIND PURPORTING TO LIMIT OR AVOID
   10  LIABILITY IN CASES WHERE SUCH RELEASE OR WAIVER RELIEVES LIABILITY  FROM
   11  THE  RESPONSIBILITY  TO  PROVIDE  WINDOW  GUARDS.  ANY RELEASE OR WAIVER
   12  OBTAINED IN VIOLATION OF THIS SECTION  SHALL  BE  VOID  AS  AGAINST  THE
   13  PUBLIC POLICY OF THE STATE AND WHOLLY UNENFORCEABLE.
   14    S  2.    Section 235-c of the real property law is amended by adding a
   15  new subdivision 3 to read as follows:
   16    3. ANY RELEASE OR WAIVER OF ANY KIND  PURPORTING  TO  LIMIT  OR  AVOID
   17  LIABILITY  OF AN INDIVIDUAL, FIRM, PARTNERSHIP, PUBLIC OR PRIVATE CORPO-
   18  RATION, PUBLIC OR PRIVATE INSTITUTION, PUBLIC  AUTHORITY,  OR  MUNICIPAL
   19  CORPORATION,  INCLUDING  THE  MUNICIPAL OR LOCAL AUTHORITIES INTENDED TO
   20  ACCOMPLISH ANY OF THE PURPOSES IN ACCORDANCE WITH  THE  REQUIREMENTS  OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02123-02-9
       A. 1853--A                          2
    1  ARTICLE  EIGHTEEN  OF  THE NEW YORK STATE CONSTITUTION, SHALL BE VOID AS
    2  AGAINST THE PUBLIC POLICY OF THE STATE AND WHOLLY UNENFORCEABLE IN CASES
    3  WHERE SUCH RELEASE OR WAIVER RELIEVES LIABILITY FROM THE  RESPONSIBILITY
    4  TO  PROVIDE  WINDOW  GUARDS.  IF SUCH RELEASE OR WAIVER IS INCLUDED IN A
    5  LEASE OR RENEWAL THEREOF, ONLY THE RELEASE OR WAIVER SHALL BE VOID.
    6    S 3. This act shall take effect immediately.