S07810 Summary:

BILL NOS07810
 
SAME ASSAME AS A09957
 
SPONSORHARCKHAM
 
COSPNSR
 
MLTSPNSR
 
Add Art 99 9901, CPLR
 
Relates to requiring 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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S07810 Actions:

BILL NOS07810
 
01/11/2022REFERRED TO JUDICIARY
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S07810 Committee Votes:

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S07810 Floor Votes:

There are no votes for this bill in this legislative session.
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S07810 Memo:

Memo not available
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S07810 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7810
 
                    IN SENATE
 
                                    January 11, 2022
                                       ___________
 
        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;
    25    f.  The  specific  location and manner of each exposure, including for
    26  any person through whom the exposed person was exposed to asbestos;
    27    g. The beginning and ending dates of each exposure, the frequency  and
    28  length  of  each  exposure, and the proximity of the asbestos-containing
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14292-01-2

        S. 7810                             2
 
     1  product or its use to the exposed person and any person through whom the
     2  exposed person was exposed to asbestos;
     3    h. The specific asbestos-related disease claimed to exist; and
     4    i.  Any  supporting documentation relating to the information required
     5  under this section.
     6    2. A plaintiff's obligation to provide sworn information under  subdi-
     7  vision  one  of this section is in addition to any court-ordered disclo-
     8  sures. Plaintiffs have a continuing duty to supplement  the  information
     9  that  is  required  to  be  disclosed in subdivision one of this section
    10  within five days after the  plaintiff  receives  additional  information
    11  that is required to be disclosed.
    12    3.  The  court,  on motion by a defendant, shall dismiss a plaintiff's
    13  asbestos claim without prejudice as to any defendant  whose  product  or
    14  premises  is  not  identified  in  the required disclosures set forth in
    15  subdivision one of this section.
    16    4. The court, on motion by a defendant, shall  dismiss  a  plaintiff's
    17  asbestos claim without prejudice as to all defendants if plaintiff fails
    18  to comply with the requirements of this section.
    19    §  2.  This  act  shall take effect immediately and shall apply to all
    20  asbestos-related personal injury or  wrongful  death  actions  that  are
    21  filed on or after such effective date.
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