Bill Text: NY A00304 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to the statute of limitations for actions based on harassment; six years.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2020-01-08 - referred to judiciary [A00304 Detail]

Download: New_York-2019-A00304-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           304
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Judiciary
        AN ACT to amend the civil practice law and rules,  in  relation  to  the
          statute  of  limitations  for actions based on harassment in the work-
          place
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. The section heading and subdivisions 7 and 8 of section 213
     2  of  the civil practice law and rules, the section heading as amended and
     3  subdivision 7 as renumbered by chapter 43 of the laws of 1975,  subdivi-
     4  sion  7 as amended by chapter 532 of the laws of 1963, and subdivision 8
     5  as amended by chapter 403 of the laws of 2004, are  amended  and  a  new
     6  subdivision 9 is added to read as follows:
     7    Actions to be commenced within six years: where not otherwise provided
     8  for;  on  contract;  on sealed instrument; on bond or note, and mortgage
     9  upon real property; by state based on misappropriation of public proper-
    10  ty; based on mistake; by corporation against director, officer or stock-
    11  holder; based on fraud; based on harassment in the workplace.
    12    7. an action by or on behalf of a corporation  against  a  present  or
    13  former director, officer or stockholder for an accounting, or to procure
    14  a judgment on the ground of fraud, or to enforce a liability, penalty or
    15  forfeiture, or to recover damages for waste or for an injury to property
    16  or for an accounting in conjunction therewith[.];
    17    8.  an  action based upon fraud; the time within which the action must
    18  be commenced shall be the greater of six years from the date  the  cause
    19  of action accrued or two years from the time the plaintiff or the person
    20  under  whom  the  plaintiff  claims  discovered the fraud, or could with
    21  reasonable diligence have discovered it[.];
    22    9. an action based upon harassment in the workplace  pursuant  to  the
    23  civil rights law or the human rights law.
    24    §  2.  This  act  shall take effect on the sixtieth day after it shall
    25  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02160-01-9