N.Y. C.P.L.R. 1411

§ 1411. Damages recoverable when contributory negligence or assumption\nof risk is established. (a) Except as provided in subsection (b) of this\nsection, in any action to recover damages for personal injury, injury to\nproperty, or wrongful death, the culpable conduct attributable to the\nclaimant or to the decedent, including contributory negligence or\nassumption of risk, shall not bar recovery. The amount of damages\notherwise recoverable shall be diminished in the proportion which the\nculpable conduct attributable to the claimant or decedent bears to the\nculpable conduct which caused the damages.\n (b) In any action to recover damages for personal injury subject to\narticle fifty-one of the insurance law, the culpable conduct\nattributable to the claimant shall bar recovery if the culpable conduct\nattributable to the claimant is greater than the culpable conduct of the\nperson against whom recovery is sought or is greater than the combined\nculpable conduct of the persons against whom recovery is sought.\n