New York Civil Practice
Law & Rules
NYCPLR Article 14-A
DAMAGE ACTIONS: EFFECT OF CONTRIBUTORY
NEGLIGENCE AND ASSUMPTION OF RISK
1411. Damages recoverable when contributory negligence or
assumption of risk is established.
1412. Burden of pleading; burden of proof.
1413. Applicability.
S 1411. Damages recoverable when contributory negligence or assumption
of risk is established. In any action to recover damages for personal
injury, injury to property, or wrongful death, the culpable conduct
attributable to the claimant or to the decedent, including contributory
negligence or assumption of risk, shall not bar recovery, but the amount
of damages otherwise recoverable shall be diminished in the proportion
which the culpable conduct attributable to the claimant or decedent
bears to the culpable conduct which caused the damages.
S 1412. Burden of pleading; burden of proof. Culpable conduct claimed
in diminution of damages, in accordance with section fourteen hundred
eleven, shall be an affirmative defense to be pleaded and proved by the
party asserting the defense.
S 1413. Applicability. This article shall apply to all causes of
action accruing on or after September first, nineteen hundred
seventy-five.
Article 15
ACTIONS AGAINST PERSONS JOINTLY LIABLE
1501. Actions against persons jointly liable; service of
summons; judgment.
1502. Provisional remedies and defenses in subsequent action
against co-obligor.
S 1501. Actions against persons jointly liable; service of summons;
judgment. Where less than all of the named defendants in an action based
upon a joint obligation, contract or liability are served with the
summons, the plaintiff may proceed against the defendants served, unless
the court otherwise directs, and if the judgment is for the plaintiff it
may be taken against all the defendants.
S 1502. Provisional remedies and defenses in subsequent action against
co-obligor. A subsequent action against a co-obligor who was not
summoned in the original action must be maintained in order to procure a
judgment enforceable against his individually held property for the sum
remaining unpaid upon the original judgment, and such action shall be
regarded as based upon the same obligation, contract or liability as the
original judgment for the purpose of obtaining any provisional remedy.
The complaint in the subsequent action shall be verified. The defendant
in the subsequent action may raise any defenses or counterclaims that he
might have raised in the original action if the summons had been served
on him when it was first served on a co-obligor, and may raise
objections to the original judgment, and defenses or counterclaims that
have arisen since it was entered.
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