S T A T E   O F   N E W   Y O R K                   
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                                          231                                  
                                                                               
                              2003-2004 Regular Sessions                       
                                                                               
                                 I N  A S S E M B L Y                          
                                                                               
                                      (PREFILED)                               
                                                                               
                                    January 8, 2003                            
                                      ___________                              
                                                                               
       Introduced by M. of A. LENTOL -- read once and referred to the Committee
         on Codes                                                              
                                                                               
       AN  ACT  to  amend  the civil practice law and rules, in relation to the
         recovery of damages                                                   
                                                                               
         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    S 1411. Damages recoverable when contributory negligence or assumption
    4  of risk is established.   (A) In  any  action  to  recover  damages  for
    5  personal  injury,  injury  to  property, or wrongful death, the culpable
    6  conduct attributable to the  claimant  or  to  the  decedent,  including
    7  contributory  negligence  or assumption of risk, shall not bar recovery,
    8  but the amount of damages otherwise recoverable shall be  diminished  in
    9  the  proportion  which the culpable conduct attributable to the claimant
   10  or decedent bears to the culpable conduct which caused the damages.     
   11    (B) IN ANY ACTION TO RECOVER DAMAGES FOR PERSONAL  INJURY,  INJURY  TO
   12  PROPERTY,  OR WRONGFUL DEATH, ARISING OUT OF THE VOLUNTARY PARTICIPATION
   13  IN COMPETITIVE ATHLETICS,  THE  CULPABLE  CONDUCT  ATTRIBUTABLE  TO  THE
   14  CLAIMANT  OR  TO  THE  DECEDENT,  INCLUDING  CONTRIBUTORY  NEGLIGENCE OR
   15  ASSUMPTION OF RISK, SHALL NOT BAR RECOVERY, BUT THE  AMOUNT  OF  DAMAGES
   16  OTHERWISE  RECOVERABLE  SHALL  BE DIMINISHED IN THE PROPORTION WHICH THE
   17  CULPABLE CONDUCT ATTRIBUTABLE TO THE CLAIMANT OR DECEDENT BEARS  TO  THE
   18  CULPABLE CONDUCT WHICH CAUSED THE DAMAGES.                              
   19    (C)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, AN ACTION TO RECOVER
   20  DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL  DEATH  ARISING
   21  OUT  OF  THE  VOLUNTARY PARTICIPATION IN COMPETITIVE ATHLETICS WHICH WAS
   22  OTHERWISE COMMENCED IN A TIMELY MANNER AND WHICH WAS  DISMISSED  BECAUSE
   23  SUBDIVISION  (B) OF THIS SECTION WAS NOT IN EFFECT IS HEREBY REVIVED AND
                                                                               
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             { } is old law to be omitted.                     
                                                                  LBD00379-01-3
                                                                               
       A. 231                              2                                   
                                                                               
    1  AN ACTION MAY BE COMMENCED WITHIN TWO YEARS OF  THE  EFFECTIVE  DATE  OF
    2  THIS SUBDIVISION.                                                       
    3    S  2.  This  act  shall take effect immediately and shall apply to any
    4  actions commenced on or after such date.                                
.SO DOC A 231           *END*                    BTXT                 2003