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

§ 1411. Damages recoverable when contributory negligence or assumption\nof risk is established. In any action to recover damages for personal\ninjury, injury to property, or wrongful death, the culpable conduct\nattributable to the claimant or to the decedent, including contributory\nnegligence or assumption of risk, shall not bar recovery, but the amount\nof damages otherwise recoverable shall be diminished in the proportion\nwhich the culpable conduct attributable to the claimant or decedent\nbears to the culpable conduct which caused the damages.\n