Assembly Bill A6770

2021-2022 Legislative Session

Provides for the types of damages that may be awarded to the persons for whose benefit an action for wrongful death is brought

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S74 - Passed Assembly


  • 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-A6770 (ACTIVE) - Details

See Senate Version of this Bill:
S74
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd §§5-4.1, 5-4.3, 5-4.4 & 5-4.6, EPT L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2872, S2391
2011-2012: A4851, S2540
2013-2014: A1001, S551
2015-2016: A164, S336
2017-2018: A1386, S411
2019-2020: A5612, S4006
2023-2024: A6698, A9232, S6636, S8485

2021-A6770 (ACTIVE) - Summary

Provides for the types of damages that may be awarded to the persons for whose benefit an action for wrongful death is brought.

2021-A6770 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6770
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 29, 2021
                                ___________
 
 Introduced by M. of A. WEINSTEIN, DINOWITZ, ZEBROWSKI, LAVINE, L. ROSEN-
   THAL,  AUBRY, PAULIN, COLTON, PICHARDO, RICHARDSON, HYNDMAN, ABINANTI,
   WEPRIN, JOYNER, SANTABARBARA, TAYLOR,  GRIFFIN,  DE LA ROSA,  CARROLL,
   SAYEGH,  FRONTUS,  JACOBSON,  BURKE, STECK, SIMON, DILAN, EICHENSTEIN,
   FALL, JEAN-PIERRE, SEAWRIGHT, DICKENS, DARLING, SOLAGES, WALLACE, NIOU
   -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, CYMBROWITZ, ENGLEBRIGHT,
   GLICK, GOTTFRIED, LUPARDO, NORRIS, PERRY, SCHMITT  --  read  once  and
   referred to the Committee on Judiciary
 
 AN  ACT  to amend the estates, powers and trusts law, in relation to the
   payment and distribution of damages in wrongful death actions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  1  of section 5-4.1 of the estates, powers and
 trusts law, as amended by chapter 114 of the laws of 2003, is amended to
 read as follows:
   1. The personal representative, duly appointed in this  state  or  any
 other  jurisdiction, of a decedent [who is survived by distributees] may
 maintain an action to recover damages for a  wrongful  act,  neglect  or
 default  which  caused  the  decedent's death against a person who would
 have been liable to the decedent by reason of such wrongful  conduct  if
 death  had  not  ensued.  Such  an action must be commenced within [two]
 THREE years AND SIX MONTHS after the decedent's death; provided,  howev-
 er, that an action on behalf of a decedent whose death was caused by the
 terrorist  attacks on September eleventh, two thousand one, other than a
 decedent identified by the attorney general of the United  States  as  a
 participant  or  conspirator  in  such attacks, must be commenced within
 [two] FOUR years [and six months after the decedent's death].  When  the
 [distributees] PERSONS FOR WHOSE BENEFIT AN ACTION PURSUANT TO THIS PART
 MAY  BE  BROUGHT  do  not  participate  in  the  administration  of  the
 decedent's estate under a will appointing an  executor  who  refuses  to
 bring  such  action,  the  [distributees]  PERSONS  FOR WHOSE BENEFIT AN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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