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S06356 Summary:

BILL NOS06356
 
SAME ASSAME AS A02939
 
SPONSORHARCKHAM
 
COSPNSR
 
MLTSPNSR
 
Add Art 99 §9901, CPLR
 
Requires certain information regarding evidence that provides the basis for each asbestos-related personal injury or wrongful death claim against a defendant.
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S06356 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6356
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                     April 17, 2023
                                       ___________
 
        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary
 
        AN ACT to amend the civil practice law and rules, in relation to  filing
          initial disclosures in asbestos actions
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The civil practice law and rules is amended by adding a new
     2  article 99 to read as follows:
     3                                  ARTICLE 99
     4                     ASBESTOS ACTION INITIAL DISCLOSURES
     5  Section 9901. Asbestos  action;  filing  of  sworn   information   form;
     6                   dismissal without prejudice.
     7    § 9901. Asbestos  action;  filing of sworn information form; dismissal
     8  without prejudice. 1. A complaint filed by a plaintiff in any  asbestos-
     9  related personal injury or wrongful death action shall be accompanied by
    10  a sworn information form specifying the evidence that provides the basis
    11  for  each  claim  against  each  defendant.  The sworn information shall
    12  include all of the following with specificity:
    13    a. The name, address, date of birth, marital status, occupation, smok-
    14  ing history, current and past worksites, and current and past  employers
    15  of  the  exposed  person, and any person through whom the exposed person
    16  was exposed to asbestos;
    17    b. Each person through whom the exposed person was exposed to asbestos
    18  and the exposed person's relationship to each such person;
    19    c. Each person who will  testify  as  a  fact  witness  regarding  the
    20  plaintiff's exposures;
    21    d. Each asbestos-containing product to which the person was exposed or
    22  the other person was exposed if exposure was through another person;
    23    e. The identity of the manufacturer or seller of the specific asbestos
    24  product for each exposure;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06375-01-3

        S. 6356                             2
 
     1    f.  The  specific  location and manner of each exposure, including for
     2  any person through whom the exposed person was exposed to asbestos;
     3    g.  The beginning and ending dates of each exposure, the frequency and
     4  length of each exposure, and the proximity  of  the  asbestos-containing
     5  product or its use to the exposed person and any person through whom the
     6  exposed person was exposed to asbestos;
     7    h. The specific asbestos-related disease claimed to exist; and
     8    i.  Any  supporting documentation relating to the information required
     9  under this section.
    10    2. A plaintiff's obligation to provide sworn information under  subdi-
    11  vision  one  of this section is in addition to any court-ordered disclo-
    12  sures. Plaintiffs have a continuing duty to supplement  the  information
    13  that  is  required  to  be  disclosed in subdivision one of this section
    14  within five days after the  plaintiff  receives  additional  information
    15  that is required to be disclosed.
    16    3.  The  court,  on motion by a defendant, shall dismiss a plaintiff's
    17  asbestos claim without prejudice as to any defendant  whose  product  or
    18  premises  is  not  identified  in  the required disclosures set forth in
    19  subdivision one of this section.
    20    4. The court, on motion by a defendant, shall  dismiss  a  plaintiff's
    21  asbestos claim without prejudice as to all defendants if plaintiff fails
    22  to comply with the requirements of this section.
    23    §  2.  This  act  shall take effect immediately and shall apply to all
    24  asbestos-related personal injury or  wrongful  death  actions  that  are
    25  filed on or after such effective date.
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