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A08706 Summary:

BILL NOA08706
 
SAME ASSAME AS S08185
 
SPONSORWalker
 
COSPNSR
 
MLTSPNSR
 
Add §5003-c, CPLR
 
Prohibits persons, firms, or corporations whose interests are adverse to that of a person who received personal injuries or death as a result of an action by such person, firm or corporation from negotiating any contracts or settlements releasing such person, firm or corporation from liability for the tortious or potentially tortious act within thirty days of such act.
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A08706 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8706
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 2, 2025
                                       ___________
 
        Introduced by M. of A. WALKER -- read once and referred to the Committee
          on Codes
 
        AN ACT to amend the civil practice law and rules, in relation to prohib-
          iting  certain  entities from negotiating any contracts or settlements
          releasing such entities from liability for a tortious  or  potentially
          tortious act within thirty days of such act

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be  cited  as  the  "unfair
     2  settlement timing act (USTA)".
     3    §  2.  The  civil  practice  law  and rules is amended by adding a new
     4  section 5003-c to read as follows:
     5    § 5003-c. Fair settlement timing.   Notwithstanding any other  law  or
     6  rule,  no  person, firm or corporation whose interest is adverse to that
     7  of a person receiving personal injuries  or  death  as  a  result  of  a
     8  tortious or potentially tortious act may negotiate any contract, written
     9  or  oral,  or any settlement to release such person, firm or corporation
    10  from liability for such act within thirty days  from  the  date  of  the
    11  tortious  or  potentially  tortious  act.  Any  contract,  settlement or
    12  release obtained in violation of this section shall be voidable  at  the
    13  option of the releasor.
    14    § 3. This act shall take effect immediately.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13180-01-5
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