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A1853Assembly2009-2010 Session

Relates to unenforceable liability exclusions in connection with window guards

Sponsor Catherine NolanAD-37Affects Legal
Status
Assembly Floor Calendar
Impact
Pending
Passage
Pending

Bill progress

Step 3 of 7

Floor calendar · Jun 22

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Sponsors

Primary sponsor
Catherine Nolan

Assembly Member · Assembly District 37

No co-sponsors yet.

History

  1. Ordered to third reading rules cal.231
  2. Rules report cal.231
  3. Reported
  4. Reported referred to rules
  5. Reported referred to codes
  6. Referred to corporations, authorities and commissions
  7. Ordered to third reading rules cal.81
  8. Rules report cal.81
  9. Reported
  10. Reported referred to rules
  11. Print number 1853a
  12. Amend (t) and recommit to codes
Show 2 earlier actions
  1. Reported referred to codes
  2. Referred to corporations, authorities and commissions

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A1853A

Title of bill

An act to amend the general obligations law and the real property law, in relation to unenforceable liability exclusions in connection with window guards

Purpose or general idea of bill

Relates to unenforceable liability exclusions in connection with window guards.

Summary of specific provisions

The general obligations law is amended by adding a new section 5-326.1 to state that no individual, firm, part- nership, public or private corporation, public or private institution, public authority, or municipal corporation shall offer a release or waiver of any kind purporting to limit or avoid liability in cases where such release or waiver relieves from responsibility to provide window guards. The real property law is amended by adding a new subdivision 3 to section 235-c to prohibit any release or waiver of any kind purport- ing to limit or avoid liability with regard to the responsibility to provide window guards.

Justification

This bill responds to a real story: a two year old child fell from a third floor window after a waiver was signed to remove the window guard. The child suffered a serious injury, Window guards prevent such accidents from happening and should not be removed. This legis- lation would prohibit the offering of any release or waiver of any kind purporting to limit or avoid liability from the responsibility to provide window guards.

Prior legislative history

A.8008 of 2004; A1289-A of 2005-2006: advanced to third reading; A.5490 of 2007-2008 reported from Corpo- rations to Codes.

Fiscal implications

None

Effective date

Immediately

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.