Bill Text: NY A04879 | 2019-2020 | General Assembly | Introduced

Bill Title: Provides that in toxic tort cases where the specific toxic etiological cause of injury is not known for up to ten years (instead of five years) after the injury itself is discovered a plaintiff shall have three years to file a claim from the time such specific cause is discovered.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced) 2019-03-14 - advanced to third reading cal.141 [A04879 Detail]

Download: New_York-2019-A04879-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 5, 2019
        Introduced  by M. of A. RAMOS -- read once and referred to the Committee
          on Judiciary
        AN ACT to amend the civil practice law and rules, in  relation  to  time
          limitations for filing claims for certain injuries
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 4 of section 214-c of the  civil  practice  law
     2  and  rules,  as  added by chapter 682 of the laws of 1986, is amended to
     3  read as follows:
     4    4. Notwithstanding the provisions of subdivisions  two  and  three  of
     5  this  section,  where  the  discovery  of the specific toxic etiological
     6  cause of the injury, including  the  source  of  the  alleged  harm,  is
     7  alleged  to  have occurred less than [five] ten years after discovery of
     8  the injury or when with reasonable diligence  such  injury  should  have
     9  been  discovered,  whichever is earlier, an action may be commenced or a
    10  claim filed within [one year] three years of such discovery of the cause
    11  of the injury; provided, however, if any such  action  is  commenced  or
    12  claim  filed  after  the  period  in  which it would otherwise have been
    13  authorized pursuant to subdivision two or  three  of  this  section  the
    14  plaintiff or claimant shall be required to allege and prove that techni-
    15  cal,  scientific  or  medical  knowledge  and  information sufficient to
    16  ascertain the cause of his injury had not been discovered, identified or
    17  determined, or that after diligent effort the cause was not known by the
    18  plaintiff or claimant, prior to the  expiration  of  the  period  within
    19  which  the  action  or  claim would have been authorized and that he has
    20  otherwise satisfied the requirements of subdivisions two  and  three  of
    21  this section.
    22    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.