•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

S08185 Summary:

BILL NOS08185
 
SAME ASNo Same As
 
SPONSORSALAZAR
 
COSPNSRGALLIVAN
 
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.
Go to top

S08185 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8185
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      May 19, 2025
                                       ___________
 
        Introduced  by  Sen. SALAZAR -- 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 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
Go to top