S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7090

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 12, 2011
                               ___________

Introduced by M. of A. J. MILLER, BURLING -- Multi-Sponsored by -- M. of
  A.  BARCLAY,  HAWLEY, 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REPEALED and a new section 214-d is added to read as follows: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.
                                                           LBD08185-01-1

              

A. 7090                             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.