New York S 10171: Provides for the types of damages that may be awarded to the persons for whose benefit an action for wrongful death is brought

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S10171 Summary:

BILL NOS10171 

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SAME ASSAME AS A11340

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SPONSORCLEARE

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COSPNSRADDABBO, ASHBY, BAILEY, BRISPORT, BROUK, COMRIE, GALLIVAN, GIANARIS, GOUNARDES, HARCKHAM, HINCHEY,
 JACKSON, KAVANAGH, KRUEGER, LANZA, LIU, MATTERA, MAY, MAYER, MURRAY, MYRIE, PALUMBO, PARKER,
 PERSAUD, RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO, SKOUFIS, STAVISKY, TEDISCO, WALCZYK,
 WEBER

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MLTSPNSR

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Amd §§5-4.1, 5-4.3, 5-4.4 & 5-4.6, EPT L

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Provides for the types of damages that may be awarded to the persons for whose benefit an action for wrongful death is brought.

Go to top S10171 Actions:

BILL NOS10171 

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05/04/2026REFERRED TO JUDICIARY

Go to topS10171 Committee&nbspVotes:

Go to topS10171 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS10171 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10171

 IN SENATE

 May 4, 2026
 ___________

 Introduced by Sens. CLEARE, ADDABBO, ASHBY, BAILEY, BRISPORT, BROUK,
 COMRIE, GALLIVAN, GIANARIS, GOUNARDES, HARCKHAM, HINCHEY, JACKSON,
 KAVANAGH, KRUEGER, LANZA, LIU, MATTERA, MAY, MAYER, MURRAY, MYRIE,
 PALUMBO, PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVEDA,
 SERRANO, SKOUFIS, STAVISKY, TEDISCO, WALCZYK, WEBER -- read twice and
 ordered printed, and when printed to be committed to the Committee on
 Judiciary

 AN ACT to amend the estates, powers and trusts law, in relation to the
 payment and distribution of damages in wrongful death actions

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Paragraph 1 of section 5-4.1 of the estates, powers and
 2 trusts law, as amended by chapter 114 of the laws of 2003, is amended to
 3 read as follows:
 4 1. The personal representative, duly appointed in this state or any
 5 other jurisdiction, of a decedent [who is survived by distributees] may
 6 maintain an action to recover damages for a wrongful act, neglect or
 7 default which caused the decedent's death against a person who would
 8 have been liable to the decedent by reason of such wrongful conduct if
 9 death had not ensued. Such an action must be commenced within [two]
 10 three years after the decedent's death[; provided, however, that an
 11 action on behalf of a decedent whose death was caused by the terrorist
 12 attacks on September eleventh, two thousand one, other than a decedent
 13 identified by the attorney general of the United States as a participant
 14 or conspirator in such attacks, must be commenced within two years and
 15 six months after the decedent's death]. When the [distributees] persons
 16 for whose benefit an action pursuant to this part may be brought do not
 17 participate in the administration of the decedent's estate under a will
 18 appointing an executor who refuses to bring such action, the [distribu-
 19 tees] persons for whose benefit an action pursuant to this part may be
 20 brought are entitled to have an administrator appointed to prosecute the
 21 action for their benefit.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07457-01-5

 S. 10171 2

 1 § 2. Paragraph (a) of section 5-4.3 of the estates, powers and trusts
 2 law, as amended by chapter 100 of the laws of 1982, is amended to read
 3 as follows:
 4 (a) The damages awarded to the plaintiff may be such sum as the jury
 5 or, where issues of fact are tried without a jury, the court or referee
 6 deems to be fair and just compensation for the [pecuniary] injuries
 7 resulting from the decedent's death to the persons for whose benefit the
 8 action is brought. In every such action, in addition to any other lawful
 9 element of recoverable damages, [the reasonable expenses of medical aid,
 10 nursing and attention incident to the injury causing death and the
 11 reasonable funeral expenses of the decedent paid by the distributees, or
 12 for the payment of which any distributee is responsible, shall also be
 13 proper elements of damage] compensation for the following damages may
 14 be recovered: (i) reasonable funeral expenses of the decedent paid by
 15 the persons for whose benefit the action is brought, or for the payment
 16 of which any persons for wh