N.Y. CPLR § 1411
N.Y. CPLR § 1411 - Damages Recoverable When Contributory Negligence or Assumption of Risk Is Established
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NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 1411 Damages recoverable when contributory negligence or assumptionof risk is established § 1411. Damages recoverable when contributory negligence or assumptionof risk is established. In any action to recover damages for personalinjury, injury to property, or wrongful death, the culpable conductattributable to the claimant or to the decedent, including contributorynegligence or assumption of risk, shall not bar recovery, but the amountof damages otherwise recoverable shall be diminished in the proportionwhich the culpable conduct attributable to the claimant or decedentbears to the culpable conduct which caused the damages.