N.Y. Civil Practice Law & Rules § 1411: Damages recoverable when contributory negligence or assumption of risk is established

§ 1411. Damages recoverable when contributory negligence or assumption

of risk is established. (a) Except as provided in subsection (b) of this

section, in any action to recover damages for personal injury, injury to

property, or wrongful death, the culpable conduct attributable to the

claimant or to the decedent, including contributory negligence or

assumption of risk, shall not bar recovery. The amount of damages

otherwise recoverable shall be diminished in the proportion which the

culpable conduct attributable to the claimant or decedent bears to the

culpable conduct which caused the damages.

(b) In any action to recover damages for personal injury subject to

article fifty-one of the insurance law, the culpable conduct

attributable to the claimant shall bar recovery if the culpable conduct

attributable to the claimant is greater than the culpable conduct of the

person against whom recovery is sought or is greater than the combined

culpable conduct of the persons against whom recovery is sought.