§ 1413.Applicability

Article 14-A. Damage Actions: Effect of Contributory Negligence and Assumption of Risk · Last amended 1975 · Last verified July 21, 2026

In one sentenceCPLR 1413 fixes the effective date of New York's comparative negligence article, applying it only to causes of action that accrued on or after September 1, 1975.

Full Text of CPLR 1413

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This article shall apply to all causes of action accruing on or after September first, nineteen hundred seventy-five.

Plain-English Summary

A change as significant as replacing contributory negligence with comparative fault needed a clear starting line, and CPLR 1413 draws it. Article 14-A applies only to causes of action accruing on or after September 1, 1975.

For claims that accrued before that date, the older contributory negligence rule -- under which a plaintiff's own fault, however slight, could bar recovery -- still controls. Given how much time has passed, this section rarely affects modern litigation, but it remains relevant whenever an old injury or a revived claim raises the question of which rule applies.

Frequently Asked Questions

When did comparative negligence become the rule in New York?

CPLR 1413 makes Article 14-A applicable to causes of action accruing on or after September 1, 1975.

What rule applied before September 1, 1975 in New York?

Common-law contributory negligence, under which a plaintiff's own fault, even if slight, could completely bar recovery -- the rule Article 14-A replaced.

Does CPLR 1413 still matter today?

Rarely, since almost all cases now involve causes of action that accrued long after 1975, but it can still come up with old or revived claims.

Why does CPLR 1413 exist separately from CPLR 1411?

CPLR 1411 sets the comparative negligence rule itself, while CPLR 1413 answers a separate question -- which cases the new rule covers based on when they accrued.

Does the accrual date or the filing date control under CPLR 1413?

The accrual date of the cause of action controls, not the date the lawsuit was filed.

Amendment History

Add, L 1975, ch 69, § 1, eff Sept 1, 1975.

Source & verification. Provision text, History, and Advisory Committee Notes are reproduced verbatim from the Consolidated Laws of New York. Last verified July 21, 2026. · Official source

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