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A00118 Summary:

BILL NOA00118
 
SAME ASSAME AS S01796
 
SPONSORPaulin
 
COSPNSRRosenthal L, Colton, Seawright
 
MLTSPNSR
 
Amd §1602, CPLR
 
Provides that limited liability for persons held jointly liable shall not apply to parties held liable for failing to provide reasonable security or failing to provide security required by federal, state or local law, rules or regulations.
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A00118 Actions:

BILL NOA00118
 
01/04/2023referred to judiciary
04/25/2023reported referred to codes
05/09/2023reported
05/11/2023advanced to third reading cal.189
01/03/2024ordered to third reading cal.10
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A00118 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A118
 
SPONSOR: Paulin
  TITLE OF BILL: An act to amend the civil practice law and rules, in relation to limited liability of persons jointly liable   PURPOSE OR GENERAL IDEA OF BILL: To provide that limited liability for persons held jointly liable shall not apply to parties held liable for failing to provide security as required by law, rule or regulation   SUMMARY OF SPECIFIC PROVISIONS: Section one amends section 1602 of the civil practice law and rules by adding a new subdivision (15) to provide that limitations on liability will not apply to any person who owns, manages, and/or controls property who is held liable for failing to provide security as required by law, rule or regulation. Section two provides the effective date.   JUSTIFICATION: Where a tenant is raped by an intruder who gained access to the tenant's building through a defect in the building's security, New York is among a small number of states that asks a jury to apportion liability between the rapist and the negligent landlord who failed to keep the building secure. This leads to an unintended and bizarre result when the victim attempts to recover damages from the negligent landlord for the personal injury suffered at the hands of the rapist. Under current law, if the negligent landlord is found to be 50% or less liable for the injury, the landlord's liability is limited to his "equi- table share" based on the "relative culpability" of each person contrib- uting to the total liability. The only time this limitation on liability of the landlord is not imposed is when the other person contributing to the liability, i.e. the rapist, cannot be found. Accordingly, in the case of the raped tenant, a jury will likely find the rapist to be more than 50%, if not 100%, liable for the victim's injury, freeing the landlord from liability, even though the landlord failed to maintain adequate security at the time of the assault. There is another curious consequence that results from the application of this limitation on liability. Current law provides that the limita- tion on liability is not applied where the other person responsible for the victim's injury cannot be found. So in the case of the raped tenant, if the rapist cannot be found, the limitation on liability of the land- lord will not be imposed and the victim may be able to recover fully for damages against the landlord for the landlord's failing to provide reasonable security. If, on the other hand, the rapist is found, the victim will likely recover little, if any, damages from the landlord since the limitation of liability will be applied based on the land- lord's "relative culpability." The landlord's relative culpability will likely be deemed to be small as compared to the rapist's culpability, and almost all of the liability imposed on the rapist. One may surmise that the odds of recovering damages from the rapist are slim. Current law, then, forces the victim to choose between cooperating with law enforcement to find the attacker and bring the attacker to justice and not seeking to identify the assailant so that the victim can recover damages 100% from the landlord in her personal injury action. Prior to 2002, New York courts generally held that the law requiring apportion- ment of liability did not apply to personal injury actions involving a negligent actor (i.e. a landlord) and an intentional wrongdoer (i.e. a criminal who commits assault). Yet the Court of Appeals in 2002 required allocation of liability, noting that the legislature would need to modi- fy the law to clarify its intent regarding apportionment in these types of cases. This bill will make clear that allocation of liability will not apply to a person who owns, manages, and/or controls property who is held liable for failing to provide security as required by law, rule or regulation.   PRIOR LEGISLATIVE HISTORY: A.172, 2021, ordered to third reading and 2022, passed Assembly. Same as S.354, 2021 and 2022, referred to judiciary. A.361B, 2020, amended on third reading / S.482B, 2020 amended and recom- mitted to judiciary. A. 361B, 2019, advanced to third reading /S.482B, 2019, committed to rules. A.2088, 2017 and 2018, referred to codes. Same as 5.480 in 2017 and 2018, referred to judiciary. A.1735, 2015 reported referred to codes and 2016 reported referred to rules. Same as S.1264, 2015 and 2016 referred to judiciary. A.411, 2013 and 2014 referred to judiciary. Same as S.81, 2013 and 2014 referred to judiciary. A.335, 2011 and 2012 referred to judiciary. Same as S.127, 2011 discharged and committed to judiciary, and 2012 discharged and committed to rules. A.8644A, 2009 referred to judiciary, and 2010 defeated in judiciary. Same as S.7673, 2010 advanced to third reading.   FISCAL IMPLICATION: None.   EFFECTIVE DATE: This act shall take effect immediately and shall apply to causes of action commenced or pending on or after such date.
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A00118 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           118
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 4, 2023
                                       ___________
 
        Introduced  by  M.  of  A. PAULIN, L. ROSENTHAL, COLTON -- read once and
          referred to the Committee on Judiciary
 
        AN ACT to amend the civil practice law and rules, in relation to limited
          liability of persons jointly liable

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 1602 of the civil practice law and rules is amended
     2  by adding a new subdivision 15 to read as follows:
     3    15. not apply to any person who owns, manages, and/or controls proper-
     4  ty  who  is  held  liable for failing to provide security as required by
     5  law, rule or regulation.
     6    § 2. This act shall take effect immediately and shall apply to  causes
     7  of action commenced or pending on or after such date.
 
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02074-01-3
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