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NYLE - TORTS AND TORT DAMAGES EXAM
REVIEW 2025/2026
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NYLE - TORTS AND TORT DAMAGES EXAM REVIEW 2025/2026 Negligence and Related Tort Concepts: Comparative negligence/assumption of risk: CPLR 1411, 1412 - ANS-✔✔New York is a pure comparative negligence jurisdiction. In an action to recover damages for personal injury, injury to property or wrongful death, the culpable conduct attributable to the claimant or decedent, including contributory negligence or assumption of risk, does not bar recovery. However, such conduct diminishes the amount of damages otherwise recoverable in the proportion which the culpable conduct attributable to the claimant or decedent bears to the culpable conduct which caused the damages (CPLR 1411). For example, if a jury returns a verdict in favor of the plaintiff in the amount of $100,000 and apportions the liability 60% to the plaintiff and 40% to the defendant, the plaintiff may recover $40,000.
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