S T A T E O F N E W Y O R K
________________________________________________________________________
6697
2009-2010 Regular Sessions
I N A S S E M B L Y
March 11, 2009
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Introduced by M. of A. MILLER, BURLING, ERRIGO, TOWNSEND, WALKER --
Multi-Sponsored by -- M. of A. BACALLES, BARCLAY, McDONOUGH, OAKS --
read once and referred to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to civil
actions against professionals; and to repeal section 214-d, subdivi-
sion (h) of rule 3211 and subdivision (i) of rule 3212 of the civil
practice law and rules, relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 214-d of the civil practice law and rules is
REPEALED and a new section 214-d is added to read as follows:
S 214-D. LIMITATIONS ON CERTAIN ACTIONS AGAINST PROFESSIONAL ENGI-
NEERS, ARCHITECTS, LANDSCAPE ARCHITECTS, LAND SURVEYORS OR CONSTRUCTION
CONTRACTORS. 1. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION TWO OF THIS
SECTION, NO ACTION TO RECOVER DAMAGES FOR INJURY TO THE PERSON OR FOR
WRONGFUL DEATH OR FOR DAMAGE TO PROPERTY NOR ANY ACTION FOR CONTRIBUTION
OR INDEMNITY FOR DAMAGES SUSTAINED ON ACCOUNT OF SUCH INJURY OR WRONGFUL
DEATH OR DAMAGE TO PROPERTY ARISING FROM ANY DEFECT IN THE STRUCTURE OR
IMPROVEMENT RESULTING FROM THE DESIGN, PLANNING OR SUPERVISION OF
CONSTRUCTION OF AN IMPROVEMENT TO REAL PROPERTY SHALL BE BROUGHT AGAINST
A PROFESSIONAL ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, LAND SURVEYOR
OR CONSTRUCTION CONTRACTOR MORE THAN TEN YEARS AFTER THE COMPLETION OF
SUCH IMPROVEMENT.
2. IF, BY REASON OF SUCH DEFECT, AN INJURY TO THE PERSON OR AN INJURY
CAUSING WRONGFUL DEATH OR AN INJURY TO PROPERTY OCCURS DURING THE TENTH
YEAR AFTER COMPLETION, AN ACTION TO RECOVER DAMAGES FOR SUCH INJURY OR
WRONGFUL DEATH OR DAMAGE TO PROPERTY MAY BE BROUGHT WITHIN ONE YEAR
AFTER THE DATE ON WHICH SUCH INJURY OCCURRED, BUT IN NO EVENT MAY SUCH
ACTION BE BROUGHT MORE THAN ELEVEN YEARS AFTER THE COMPLETION OF THE
IMPROVEMENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09678-01-9
A. 6697 2
3. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION, IN THE
EVENT THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL HAVE
REDUCED THE PERIOD DURING WHICH AN ACTION AGAINST A PROFESSIONAL ENGI-
NEER, ARCHITECT, LANDSCAPE ARCHITECT, LAND SURVEYOR OR CONSTRUCTION
CONTRACTOR COULD HAVE OTHERWISE BEEN BROUGHT PURSUANT TO ANY OTHER
PROVISION OF LAW, RULE OR REGULATION, THE CLAIMANT SHALL, IN THAT EVENT,
BE ENTITLED TO INSTITUTE ANY SUCH ACTION FOR A PERIOD OF ONE YEAR AFTER
THE EFFECTIVE DATE OF THIS SECTION.
4. THE LIMITATIONS PRESCRIBED BY THIS SECTION SHALL NOT APPLY TO
ACTIONS BROUGHT BY ONE IN CONTRACTUAL OR PROFESSIONAL PRIVITY WITH THE
ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, LAND SURVEYOR OR CONSTRUCTION
CONTRACTOR AND SHALL NOT BE ASSERTED BY WAY OF DEFENSE BY ANY PERSON IN
ACTUAL POSSESSION OR CONTROL AS OWNER, TENANT, OR OTHERWISE, OF SUCH AN
IMPROVEMENT AT THE TIME ANY DEFECT IN SUCH IMPROVEMENT CONSTITUTES THE
PROXIMATE CAUSE OF THE INJURY OR DEATH FOR WHICH IT IS PROPOSED TO BRING
AN ACTION.
5. FOR PURPOSES OF THIS SECTION AN IMPROVEMENT SHALL BE DEEMED TO BE
"COMPLETED" (A) WHEN, AFTER THE IMPROVEMENT HAS BEEN STARTED, A PERMA-
NENT CERTIFICATE OF OCCUPANCY IS ISSUED BY THE MUNICIPALITY IN WHICH THE
IMPROVEMENT IS SITUATED, IF SUCH IS REQUIRED OR IS ACTUALLY ISSUED
PURSUANT TO LAW OR REGULATION; OR (B) IF A PUBLIC IMPROVEMENT, UPON THE
ACCEPTANCE OF THE IMPROVEMENT BY THE OWNER, IF A CERTIFICATE OF OCCUPAN-
CY IS NOT REQUIRED AND HAS NOT BEEN ISSUED; OR (C) ON THE EARLIER OF THE
FOLLOWING DATES, IF THE PROVISIONS OF PARAGRAPHS (A) AND (B) OF THIS
SUBDIVISION DO NOT APPLY (I) FOUR MONTHS PRIOR TO THE LAST DAY ON WHICH
A MECHANIC'S LIEN, RESULTING FROM WORK PERFORMED OR MATERIALS FURNISHED
WITH RESPECT TO SUCH IMPROVEMENT, CAN BE FILED; OR (II) UPON THE OWNER'S
FINAL PAYMENT FOR SERVICES RENDERED OR MATERIALS SUPPLIED WITH RESPECT
TO SUCH IMPROVEMENT.
6. AN ARCHITECT, ENGINEER, LANDSCAPE ARCHITECT, OR LAND SURVEYOR SHALL
MEAN A PERSON LICENSED OR REGISTERED AS AN ARCHITECT, ENGINEER, LAND-
SCAPE ARCHITECT, LAND SURVEYOR OR CONSTRUCTION CONTRACTOR, PURSUANT TO
THE PROVISIONS OF THE EDUCATION LAW OR ANY PARTNERSHIP, CORPORATION OR
ANY OTHER ENTITY LAWFULLY PERFORMING ARCHITECTURAL, ENGINEERING, LAND-
SCAPE ARCHITECTURAL OR SURVEYING SERVICES.
S 2. Subdivisions 4 and 5 of section 214 of the civil practice law and
rules, as separately amended by chapters 485 and 682 of the laws of
1986, are amended to read as follows:
4. an action to recover damages for an injury to property except as
provided in [section] SECTIONS 214-c AND 214-D;
5. an action to recover damages for a personal injury except as
provided in sections 214-b, 214-c, 214-D and 215;
S 3. Subdivision (h) of rule 3211 and subdivision (i) of rule 3212 of
the civil practice law and rules are REPEALED.
S 4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.