New York Modified Comparative Negligence After May 26, 2026 & CPLR §1411(b)

Part EE of Chapter 58 of the Laws of 2026 changed comparative negligence for personal-injury actions subject to Insurance Law Article 51. The amendment took effect May 26, 2026 and applies to actions and proceedings commenced on or after that date.

For covered Article 51 personal-injury actions, claimant culpable conduct greater than the combined culpable conduct of the person or persons against whom recovery is sought bars recovery.
When the claimant is not barred, damages remain subject to proportional reduction for claimant fault.
Actions outside CPLR § 1411(b) remain governed by the general comparative-negligence rule in § 1411(a).
Because the amendment is keyed to commencement of the action or proceeding, filing date must be checked separately from accident date.

Primary New York Source

New York Department of Financial Services Circular Letter No. 3 (2026) — Motor Vehicle Insurance Reforms

Current-law review: September 17, 2026. CPLR § 1411(b) applies to Article 51 personal-injury actions and proceedings commenced on or after May 26, 2026.

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