Bill Text: NY A04187 | 2009-2010 | General Assembly | Introduced

New York Assembly Bill 4187 (Prior Session Legislation)

Introduced

Bill Title: An act to amend the civil practice law and rules, in relation to time limitations for filing claims for certain injuries

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to judiciary [A04187 Detail]

Download: New_York-2009-A04187-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4187
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 30, 2009
                                      ___________
       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    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07672-01-9