Bill > A10046

This bill amends New York's civil practice law and rules to allow courts to award punitive damages, which are damages intended to punish the wrongdoer and deter similar future conduct, against the estate of a deceased person in civil lawsuits alleging sexual abuse, sexual assault, sexual misconduct, sex trafficking, or other crimes of a sexual nature, regardless of whether the victim is a minor or an adult. This change overrides existing laws, specifically mentioning the Estates, Powers and Trusts Law, which might otherwise prevent such damages from being sought or awarded after the death of the alleged perpetrator. The bill clarifies that these punitive damages can be pursued and collected from the deceased's estate, meaning the personal representative of the estate can be held liable. The standard of proof required to win punitive damages in these cases will be a preponderance of the evidence, meaning it is more likely than not that the allegations are true. Importantly, the bill states that these claims will not be limited or ended by the death of the person accused of the conduct, and punitive damages can be recovered as if the individual were still alive. This act takes effect immediately and applies to all cases, whether they are already in progress or filed from this point forward.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A10046