Bill Text: NY S00345 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the statute of limitations for actions based on discriminatory practices in employment; establishes action must be commenced within six years.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Engrossed) 2024-02-28 - referred to judiciary [S00345 Detail]

Download: New_York-2023-S00345-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           345

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  Sens.  GOUNARDES,  BROUK, COMRIE, HOYLMAN, KRUEGER, LIU,
          MAYER, RIVERA, SEPULVEDA, SKOUFIS -- read twice and  ordered  printed,
          and when printed to be committed 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 upon unlawful  discriminatory
          practice in employment

          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, 8 and 9 of  section
     2  213  of the civil practice law and rules, the section heading as amended
     3  and subdivision 7 as renumbered by chapter  43  of  the  laws  of  1975,
     4  subdivision  7 as amended by chapter 532 of the laws of 1963, and subdi-
     5  vision 8 as amended by chapter 403 of the laws of 2004, and  subdivision
     6  9  as  added  by  chapter  184 of the laws of 2019 are amended and a new
     7  subdivision 10 is added to read as follows:
     8    Actions to be commenced within six years: where not otherwise provided
     9  for; on contract; on sealed instrument; on bond or  note,  and  mortgage
    10  upon real property; by state based on misappropriation of public proper-
    11  ty; based on mistake; by corporation against director, officer or stock-
    12  holder;  based  on fraud; based upon unlawful discriminatory practice in
    13  employment.
    14    7. an action by or on behalf of a corporation  against  a  present  or
    15  former director, officer or stockholder for an accounting, or to procure
    16  a judgment on the ground of fraud, or to enforce a liability, penalty or
    17  forfeiture, or to recover damages for waste or for an injury to property
    18  or for an accounting in conjunction therewith[.];
    19    8.  an  action based upon fraud; the time within which the action must
    20  be commenced shall be the greater of six years from the date  the  cause
    21  of action accrued or two years from the time the plaintiff or the person

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00025-01-3
        S. 345                              2

     1  under  whom  the  plaintiff  claims  discovered the fraud, or could with
     2  reasonable diligence have discovered it[.];
     3    9.   an   action   by   the   attorney  general  pursuant  to  article
     4  twenty-three-A of the general business  law  or  subdivision  twelve  of
     5  section sixty-three of the executive law[.];
     6    10.  an  action based upon unlawful discriminatory practice in employ-
     7  ment pursuant to article fifteen of the executive law.
     8    § 2. This act shall take effect on the sixtieth  day  after  it  shall
     9  have become a law.