Bars recovery for damages for any personal injury, injury to property or wrongful death sustained where the claimant was engaged in the commission of any felony act or in flight therefrom.
STATE OF NEW YORK
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1236
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
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Introduced by M. of A. SEMINERIO -- read once and referred to the
Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to estab-
lishing a bar to recovery by persons injured while committing a felony
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 section 1411-a to read as follows:
3 § 1411-a. Assumption of risk by person engaged in a felonious act, or
4 in flight therefrom. Notwithstanding any other provision of law, there
5 shall be no right to recover damages for any personal injury, injury to
6 property or wrongful death, sustained by a claimant or decedent while
7 engaged in the commission of any act or acts that would constitute a
8 felony under the penal law, or in flight therefrom. The provisions of
9 this section shall apply to all claims brought by or on behalf of the
10 claimant or decedent, all derivative claims by the spouse or other fami-
11 ly members of such claimant or decedent, and all claims for contribution
12 or common-law indemnification, whether brought in the same, or another,
13 action.
14 § 2. This act shall take effect immediately and shall apply to all
15 actions and proceedings pending on or commenced on or after such effec-
16 tive date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01760-01-9
