NY S07779

Amends section 1412 of the Civil Practice Law and Rules to clarify that culpable conduct claimed in diminution of damages is an affirmative defense that must be pleaded and proved by the party asserting it

Requires the defendant to bear the burden of presenting proof of culpable conduct both when asserting a comparative negligence defense on a motion for summary judgment and at trial

Takes effect immediately upon enactment and applies to all actions pending or commenced on or after the effective date