S T A T E O F N E W Y O R K
________________________________________________________________________
3522
1999-2000 Regular Sessions
I N S E N A T E
March 9, 1999
___________
Introduced by Sen. VOLKER -- (at request of the Judiciary) -- read twice
and ordered printed, and when printed to be committed to the Committee
on Codes
AN ACT to amend the civil practice law and rules, in relation to plead-
ing a defense premised upon article 16 of such law and rules
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 1603 of the civil practice law and rules, as
2 amended by chapter 635 of the laws of 1996, is amended to read as
3 follows:
4 S 1603. Burdens of proof. In any action or claim for damages for
5 personal injury a party asserting that the limitations on liability set
6 forth in this article do not apply shall allege and prove by a prepon-
7 derance of the evidence that one or more of the exemptions set forth in
8 subdivision one of section sixteen hundred one or section sixteen
9 hundred two applies. A party asserting limited liability pursuant to
10 this article shall have the burden of ALLEGING AND proving by a prepon-
11 derance of the evidence THAT its equitable share of the total liability
12 IS FIFTY PERCENT OR LESS OF THE TOTAL LIABILITY ASSIGNED TO ALL PERSONS
13 LIABLE.
14 S 2. Subdivision (b) of section 3018 of the civil practice law and
15 rules, as amended by chapter 504 of the laws of 1980, is amended to read
16 as follows:
17 (b) Affirmative defenses. A party shall plead all matters which if not
18 pleaded would be likely to take the adverse party by surprise or would
19 raise issues of fact not appearing on the face of a prior pleading such
20 as arbitration and award, collateral estoppel, culpable conduct claimed
21 in diminution of damages as set forth in article fourteen-A, LIMITATION
22 OF LIABILITY PURSUANT TO ARTICLE SIXTEEN, discharge in bankruptcy, facts
23 showing illegality either by statute or common law, fraud, infancy or
24 other disability of the party defending, payment, release, res judicata,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD08657-01-9
S. 3522 2
1 statute of frauds, or statute of limitation. The application of this
2 subdivision shall not be confined to the instances enumerated.
3 S 3. This act shall take effect on the first day of January next
4 succeeding the date on which it shall have become law and shall only
5 apply to actions commenced on or after such date.
.SO DOC S 3522 *END* BTXT 1999
Bill S03522
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