Direct recovery against third parties, S.6552/ A.2373, would allow plaintiffs to recover from defendants they
had no standing to sue, encouraging responsible parties to avoid their obligations and have the
financial burden fall on the third-parties who, while stable, were not the ones being sued;
overturning centuries of well-established legal procedures. The proposed changes would allow
plaintiffs to collect directly from a third-party defendant instead of collecting from the original
defendant, after the statute of limitations (30 days) has expired, exposing third-party defendants to
New York’s tort system is already ranked as the most costly - $6,600 per household*- and worst for tort liability risk in the nation.
This legislation would only worsen that reputation and further enhance plaintiffs’ ability to extricate these
settlements from third parties.
We urge you to send this message of opposition to your elected legislator to stop the passage of this harmful bill.
*Costs and Compensation of the U.S. Tort System. October 2018. Institute for Legal Reform.