Bill Text: NY A09744 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to damages recoverable when contributory negligence or assumption of risk is established in cases involving building construction, demolition and repair work.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-02-05 - referred to judiciary [A09744 Detail]

Download: New_York-2017-A09744-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9744
                   IN ASSEMBLY
                                    February 5, 2018
                                       ___________
        Introduced  by  M. of A. SCHIMMINGER, McDONALD -- read once and referred
          to the Committee on Judiciary
        AN ACT to amend the civil practice law and rules, in relation to damages
          recoverable when contributory negligence  or  assumption  of  risk  is
          established  in  cases involving building construction, demolition and
          repair work
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 1411 of the civil practice law and rules, as added
     2  by chapter 69 of the laws of 1975, is amended to read as follows:
     3    § 1411. Damages recoverable when contributory negligence or assumption
     4  of risk is established. In any action to recover  damages  for  personal
     5  injury,  injury  to  property,  or  wrongful death, the culpable conduct
     6  attributable to the claimant or to the decedent, including  contributory
     7  negligence or assumption of risk, shall not bar recovery, but the amount
     8  of  damages  otherwise recoverable shall be diminished in the proportion
     9  which the culpable conduct attributable  to  the  claimant  or  decedent
    10  bears to the culpable conduct which caused the damages.  Notwithstanding
    11  any  judicial  precedent,  statute,  rule or regulation to the contrary,
    12  this section shall apply, outside of a city with  a  population  of  one
    13  million  or  more, to any action to recover damages for personal injury,
    14  injury to property or wrongful death brought under article  ten  of  the
    15  labor law.
    16    § 2. This act shall take effect January 1, 2019 and shall apply to all
    17  actions commenced on or after such effective date.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13962-01-7