Senate Bill S4579

2011-2012 Legislative Session

Relates to the apportionment of liability for non-economic loss in personal injury actions

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2011-S4579 (ACTIVE) - Details

See Assembly Version of this Bill:
A6697
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§1601, 1603 & 3018, CPLR

2011-S4579 (ACTIVE) - Summary

Relates to the apportionment of liability for non-economic loss in personal injury actions.

2011-S4579 (ACTIVE) - Sponsor Memo

2011-S4579 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4579

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 12, 2011
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed to the Committee on Judiciary

AN  ACT to amend the civil practice law and rules, in relation to appor-
  tionment of liability for non-economic loss in personal injury actions

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 1601 of the civil practice law and
rules, as amended by chapter 635 of the laws of 1996, is amended to read
as follows:
  1.    Notwithstanding  any  other  provision of law, when a verdict or
decision in an action or claim for  personal  injury  is  determined  in
favor  of  a  claimant  in  an  action involving two or more tortfeasors
jointly liable or in a claim against the state and the  liability  of  a
defendant  is  found to be fifty percent or less of the total [liability
assigned to all persons liable] CULPABILITY OF ALL PERSONS DEEMED CULPA-
BLE, the liability of such defendant to the  claimant  for  non-economic
loss  shall  not  exceed  that defendant's equitable share determined in
accordance with the relative  culpability  of  each  person  causing  or
contributing to the total [liability] CULPABILITY for non-economic loss;
provided, however that the culpable conduct of any person not a party to
the  action  shall  not be considered in determining any equitable share
herein if the claimant proves that with due  diligence  he  or  she  was
unable  to  obtain jurisdiction over such person in said action (or in a
claim against the state, in a court of this state); and further provided
that the culpable conduct of any  person  shall  not  be  considered  in
determining any equitable share herein to the extent that action against
such  person  is  barred because the claimant has not sustained a "grave
injury" as defined in section eleven of the workers' compensation law.
  S 2. Section 1603 of the civil practice law and rules, as  amended  by
chapter 635 of the laws of 1996, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09308-01-1
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.