Bill Text: NY A02939 | 2023-2024 | General Assembly | Introduced
Bill Title: Requires certain information regarding evidence that provides the basis for each asbestos-related personal injury or wrongful death claim against a defendant.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to judiciary [A02939 Detail]
Download: New_York-2023-A02939-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2939 2023-2024 Regular Sessions IN ASSEMBLY February 1, 2023 ___________ Introduced by M. of A. WOERNER -- read once and referred to the Commit- tee on Judiciary AN ACT to amend the civil practice law and rules, in relation to filing initial disclosures in asbestos actions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The civil practice law and rules is amended by adding a new 2 article 99 to read as follows: 3 ARTICLE 99 4 ASBESTOS ACTION INITIAL DISCLOSURES 5 Section 9901. Asbestos action; filing of sworn information form; 6 dismissal without prejudice. 7 § 9901. Asbestos action; filing of sworn information form; dismissal 8 without prejudice. 1. A complaint filed by a plaintiff in any asbestos- 9 related personal injury or wrongful death action shall be accompanied by 10 a sworn information form specifying the evidence that provides the basis 11 for each claim against each defendant. The sworn information shall 12 include all of the following with specificity: 13 a. The name, address, date of birth, marital status, occupation, smok- 14 ing history, current and past worksites, and current and past employers 15 of the exposed person, and any person through whom the exposed person 16 was exposed to asbestos; 17 b. Each person through whom the exposed person was exposed to asbestos 18 and the exposed person's relationship to each such person; 19 c. Each person who will testify as a fact witness regarding the 20 plaintiff's exposures; 21 d. Each asbestos-containing product to which the person was exposed or 22 the other person was exposed if exposure was through another person; 23 e. The identity of the manufacturer or seller of the specific asbestos 24 product for each exposure; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06375-01-3A. 2939 2 1 f. The specific location and manner of each exposure, including for 2 any person through whom the exposed person was exposed to asbestos; 3 g. The beginning and ending dates of each exposure, the frequency and 4 length of each exposure, and the proximity of the asbestos-containing 5 product or its use to the exposed person and any person through whom the 6 exposed person was exposed to asbestos; 7 h. The specific asbestos-related disease claimed to exist; and 8 i. Any supporting documentation relating to the information required 9 under this section. 10 2. A plaintiff's obligation to provide sworn information under subdi- 11 vision one of this section is in addition to any court-ordered disclo- 12 sures. Plaintiffs have a continuing duty to supplement the information 13 that is required to be disclosed in subdivision one of this section 14 within five days after the plaintiff receives additional information 15 that is required to be disclosed. 16 3. The court, on motion by a defendant, shall dismiss a plaintiff's 17 asbestos claim without prejudice as to any defendant whose product or 18 premises is not identified in the required disclosures set forth in 19 subdivision one of this section. 20 4. The court, on motion by a defendant, shall dismiss a plaintiff's 21 asbestos claim without prejudice as to all defendants if plaintiff fails 22 to comply with the requirements of this section. 23 § 2. This act shall take effect immediately and shall apply to all 24 asbestos-related personal injury or wrongful death actions that are 25 filed on or after such effective date.