N.Y. Estates, Powers and Trusts Law 5-4.2 – Trial and burden of proof of contributory negligence
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§ 5-4.2 Trial and burden of proof of contributory negligence
Terms Used In N.Y. Estates, Powers and Trusts Law 5-4.2
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Decedent: A deceased person.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
On the trial of an action accruing before September first, nineteen hundred seventy-five to recover damages for causing death the contributory negligence of the decedent shall be a defense, to be pleaded and proved by the defendant.