assembly Bill A4187

2009-2010 Legislative Session

Relates to the time to file a claim in a toxic tort case

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to judiciary
Jan 30, 2009 referred to judiciary

A4187 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง214-c, CPLR
Versions Introduced in Other Legislative Sessions:
2011-2012: A3714
2013-2014: A6137
2015-2016: A4441
2017-2018: A4845
2019-2020: A4879

A4187 (ACTIVE) - Summary

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.

A4187 (ACTIVE) - Bill Text download pdf

                    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:

  Section 1. Subdivision 4 of section 214-c of the  civil  practice  law
and  rules,  as  added by chapter 682 of the laws of 1986, is amended to
read as follows:
  4. Notwithstanding the provisions of subdivisions  two  and  three  of
this  section,  where  the  discovery  of the SPECIFIC TOXIC ETIOLOGICAL
cause of the injury, INCLUDING  THE  SOURCE  OF  THE  ALLEGED  HARM,  is
alleged  to  have occurred less than [five] TEN years after discovery of
the injury or when with reasonable diligence  such  injury  should  have
been  discovered,  whichever is earlier, an action may be commenced or a
claim filed within [one year] THREE YEARS of such discovery of the cause
of the injury; provided, however, if any such  action  is  commenced  or
claim  filed  after  the  period  in  which it would otherwise have been
authorized pursuant to subdivision two or  three  of  this  section  the
plaintiff or claimant shall be required to allege and prove that techni-
cal,  scientific  or  medical  knowledge  and  information sufficient to
ascertain the cause of his injury had not been discovered, identified or
determined, OR THAT AFTER DILIGENT EFFORT THE CAUSE WAS NOT KNOWN BY THE
PLAINTIFF OR CLAIMANT, prior to the  expiration  of  the  period  within
which  the  action  or  claim would have been authorized and that he has
otherwise satisfied the requirements of subdivisions two  and  three  of
this section.
  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

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