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Historical Trace of Civil Code section 3346

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Civil Code section 3346.  Our review of the annotated history of this section in 2009 reveals the following legislative history (every “c.” below represents a separate legislative bill):

Prior History: Former § 3346, enacted in 1872 codification of Civil Code and derived from Field’s Draft of the New York Civil Code, § 1871
Current: re-enacted in 1957, c. 2346; no subsequent amendments thus far

It appears that the first half of current subdivision (a) language can be traced to the 1872 codification and the rest of the statutory language can be traced to the 1957 re-enactment.

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