N.Y. EML Law § 4

§ 4. Assumption of risks; contributory negligence, when a question of\nfact. An employee by entering upon or continuing in the service of the\nemployer shall be presumed to have assented to the necessary risks of\nthe occupation or employment and no others. The necessary risks of the\noccupation or employment shall, in all cases arising after the first day\nof September, nineteen hundred and ten, be considered as including those\nrisks, and those only, inherent in the nature of the business which\nremain after the employer has exercised due care in providing for the\nsafety of his employees, and has complied with the laws affecting or\nregulating such business or occupation for the greater safety of such\nemployees. In an action brought to recover damages for personal injuries\nor for death resulting therefrom received after the first day of\nSeptember, nineteen hundred and ten, owing to any cause, including open\nand visible defects, for which the employer would be liable but for the\nhitherto available defense of assumption of risks by the employee, the\nfact that the employee continued in the service of the employer in the\nsame place and course of employment after the discovery by such\nemployee, or after he had been informed of the danger of personal injury\ntherefrom, shall not be, as matter of fact or as matter of law, an\nassumption of the risk of injury therefrom, but an employee, or his\nlegal representative, shall not be entitled under this article to any\nright of compensation or remedy against the employer in any case where\nsuch employee knew of the defect or negligence which caused the injury\nand failed, within a reasonable time, to give, or cause to be given,\ninformation thereof to the employer, or to some person superior to\nhimself in the service of the employer, or who had intrusted to him some\nsuperintendence, unless it shall appear on the trial that such defect or\nnegligence was known to such employer, or superior person, prior to such\ninjuries to the employee; or unless such defect could have been\ndiscovered by such employer by reasonable and proper care, tests or\ninspection.\n