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New York

Negligence Doctrine: Pure Comparative Negligence

Circuit # 2

Med Pay Subrogation - No

PIP Subrogation - Yes


Statute of Limitations

Statute of Repose: Products N/A
Statute of Repose: Real Property N/A
Breach of Contract (Written) 6 years
Personal Property 3 years
Personal Injury 3 years
Wrongful Death 2 years
Medical Malpractice 2.5 years
Warranty 4 years

ABLE TO PURSUE OWNER

Sue Owner for Negligence - YES

Suspend Owner's License - YES


Deductible Reimbursement

Pro Rata State
N.Y. Ins. Reg. 64, § 216.7 (g)(1)
 


Garnishment

YES
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
 

The maximum amount recoverable is 10% of gross income, or the federal maximum, whichever is less; If the debtor is subject to garnishment for alimony, support or maintenance, the combined garnishments cannot exceed 25% of disposable earnings; Income executions are prioritized by order of delivery to the Sheriff, but garnishments for alimony support or maintenance always take priority; The execution is a two-stage process: First, the sheriff serves the execution on the debtor at his or her residence.  If the debtor does not begin making payments within 20 days, the sheriff levies on the employer
 


Parental Responsibility

Child between 10 and 18
Dollar Limit on Parents’ Liability: $5,000
Liability imposed when child willfully, maliciously, or unlawfully destroys property
 


Subrogation by Landlord's Carrier against Tenant

YES

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