Assembly Bill A3024

2021-2022 Legislative Session

Provides, in tort cases where one defendant has settled, that remaining defendants must elect prior to trial as to reduction in liability; repealer

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Archive: Last Bill Status - In Assembly 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

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2021-A3024 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Rpld & add §15-108, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2579
2011-2012: A625
2013-2014: A1085
2015-2016: A244
2017-2018: A1415, A9028
2019-2020: A2372
2023-2024: A1739

2021-A3024 (ACTIVE) - Summary

Provides, in tort cases where one defendant has settled, that remaining defendants must elect, prior to trial, whether to reduce liability by the amount of the settlement or by the amount of the equitable share of damages delegated to the settler in the verdict.

2021-A3024 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3024
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Judiciary
 
 AN  ACT to amend the general obligations law, in relation to settlements
   in tort actions; and to repeal section 15-108 of such law relating  to
   release or covenant not to sue
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 15-108 of the general obligations law  is  REPEALED
 and a new section 15-108 is added to read as follows:
   § 15-108. SETTLEMENTS IN TORT ACTIONS. (A) EFFECT OF SETTLEMENT. (1) A
 SETTLEMENT  REACHED  WITH  ONE  OF TWO OR MORE PERSONS WHO ARE LIABLE OR
 CLAIMED TO BE LIABLE IN TORT FOR THE SAME INJURY OR WRONGFUL DEATH  DOES
 NOT  DISCHARGE  ANY  OTHER  TORTFEASOR  FROM  LIABILITY UNLESS ITS TERMS
 EXPRESSLY SO PROVIDE, EXCEPT THAT EACH OF THE REMAINING TORTFEASORS  MAY
 CHOOSE  TO  REDUCE  HIS OR HER LIABILITY TO THE PLAINTIFF OR CLAIMANT BY
 THE STATED SETTLEMENT AMOUNT, THE CONSIDERATION ACTUALLY  PAID,  OR  THE
 SETTLING TORTFEASOR'S EQUITABLE SHARE OF THE DAMAGES AS DETERMINED UNDER
 ARTICLE FOURTEEN OF THE CIVIL PRACTICE LAW AND RULES.
   (2)  WHEN  MORE  THAN ONE PERSON SETTLES WITH A PLAINTIFF OR CLAIMANT,
 EACH OF THE REMAINING TORTFEASORS  MAY  CHOOSE  TO  REDUCE  HIS  OR  HER
 LIABILITY  TO  THE  PLAINTIFF  OR  CLAIMANT  BY  THE TOTAL OF ALL STATED
 SETTLEMENT AMOUNTS, THE TOTAL CONSIDERATION ACTUALLY PAID FOR ALL OF THE
 SETTLEMENTS, OR THE TOTAL OF THE SETTLING TORTFEASORS' EQUITABLE  SHARES
 OF  THE  DAMAGES AS DETERMINED UNDER ARTICLE FOURTEEN OF THE CIVIL PRAC-
 TICE LAW AND RULES.
   (3) THE CHOICE AUTHORIZED BY THIS SUBDIVISION SHALL BE  MADE  IN  OPEN
 COURT OR IN A WRITING SUBSCRIBED ON BEHALF OF THE PARTY SEEKING TO LIMIT
 LIABILITY, AND SHALL BE MADE PRIOR TO THE FIRST OPENING STATEMENT OF THE
 TRIAL UNLESS THE PARTY MAKING THE ELECTION ONLY LATER BECOMES AWARE THAT
 A  SETTLEMENT  HAS  OCCURRED. IN THE LATTER EVENT, THE ELECTION SHALL BE
 MADE AS SOON AS  REASONABLY  PRACTICABLE  AFTER  THE  PARTY  MAKING  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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