assembly Bill A1056A

2013-2014 Legislative Session

Establishes the date for the accrual of certain causes of action based on negligence

download bill text pdf

Sponsored By

Archive: Last Bill Status - On Floor Calendar


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 12, 2014 amended on third reading (t) 1056a
Apr 24, 2014 advanced to third reading cal.552
Apr 07, 2014 reported
Jan 08, 2014 referred to codes
Jun 19, 2013 ordered to third reading rules cal.494
rules report cal.494
reported
Jun 17, 2013 reported referred to rules
Jan 09, 2013 referred to codes

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A1056 - Details

See Senate Version of this Bill:
S7130
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§203 & 214-a, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A4627
2011-2012: A4852
2015-2016: A285, S911, S6596
2017-2018: A3339, S4080

A1056 - Summary

Establishes the date for the accrual of certain causes of action based on negligence.

A1056 - Bill Text download pdf

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

                                  1056

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  WEINSTEIN, GOTTFRIED, HOOPER, PAULIN, PERRY,
  JAFFEE,  WEPRIN,  GOLDFEDER,  STEVENSON,  MARKEY,  CASTRO,  TITONE  --
  Multi-Sponsored by -- M. of A.  BRAUNSTEIN, JACOBS, MILLMAN, RA, RAIA,
  WEISENBERG, WRIGHT -- read once and referred to the Committee on Codes

AN  ACT  to  amend  the civil practice law and rules, in relation to the
  limitations of time within which an  action  for  medical,  dental  or
  podiatric malpractice accrues

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 214-a of the  civil  practice  law  and  rules,  as
amended  by  chapter  485  of  the  laws  of 1986, is amended to read as
follows:
  S 214-a. Action for medical, dental or  podiatric  malpractice  to  be
commenced  within  two  years and six months; exceptions.  An action for
medical, dental or podiatric malpractice must be  commenced  within  two
years  and  six months of the [act, omission or failure complained of or
last treatment where there is continuous treatment for the same illness,
injury or condition which gave rise to the said act, omission  or  fail-
ure;  provided, however, that where the action is based upon the discov-
ery of a foreign object in the body of the patient, the  action  may  be
commenced  within  one year of the date of such discovery or of the date
of discovery of facts which would reasonably  lead  to  such  discovery,
whichever is earlier.  For the purpose of this section the term "contin-
uous treatment" shall not include examinations undertaken at the request
of  the  patient  for  the sole purpose of ascertaining the state of the
patient's condition.  For the purpose of this section the term  "foreign
object"  shall not include a chemical compound, fixation device or pros-
thetic aid or device] ACCRUAL OF ANY SUCH ACTION. FOR PURPOSES  OF  THIS
SECTION, THE ACCRUAL OF AN ACTION OCCURS AT THE LATER OF EITHER (A) WHEN
ONE  KNOWS  OR REASONABLY SHOULD HAVE KNOWN OF THE ALLEGED NEGLIGENT ACT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A1056A (ACTIVE) - Details

See Senate Version of this Bill:
S7130
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§203 & 214-a, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A4627
2011-2012: A4852
2015-2016: A285, S911, S6596
2017-2018: A3339, S4080

A1056A (ACTIVE) - Summary

Establishes the date for the accrual of certain causes of action based on negligence.

A1056A (ACTIVE) - Bill Text download pdf

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

                                 1056--A
                                                        Cal. No. 552

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  WEINSTEIN, GOTTFRIED, HOOPER, PAULIN, PERRY,
  JAFFEE, WEPRIN, GOLDFEDER, MARKEY,  TITONE,  MOSLEY,  MOYA,  BRINDISI,
  STIRPE,  ROSENTHAL,  BORELLI, BENEDETTO, STECK, LIFTON, CLARK, THIELE,
  ABINANTI -- Multi-Sponsored by  --  M.  of  A.  BRAUNSTEIN,  BUCHWALD,
  CYMBROWITZ,  ENGLEBRIGHT, JACOBS, MILLMAN, RA, RAIA, SEPULVEDA, TITUS,
  WEISENBERG, WRIGHT -- read once and referred to the Committee on Codes
  -- reported from committee, advanced to a third reading,  amended  and
  ordered reprinted, retaining its place on the order of third reading

AN ACT to amend the civil practice law and rules, in relation to accrual
  of certain causes of action

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph of subdivision (g) of section 203  of
the  civil  practice  law  and rules is designated paragraph 1 and a new
paragraph 2 is added to read as follows:
  2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR THE
PURPOSES OF SECTIONS FIFTY-E AND FIFTY-I OF THE GENERAL  MUNICIPAL  LAW,
SECTION  TEN OF THE COURT OF CLAIMS ACT, AND THE PROVISIONS OF ANY OTHER
LAW PERTAINING TO THE COMMENCEMENT OF AN ACTION OR  SPECIAL  PROCEEDING,
OR  TO  THE  FILING  OF  A  NOTICE  OF CLAIM AS A CONDITION PRECEDENT TO
COMMENCEMENT OF AN ACTION OR SPECIAL PROCEEDING WITHIN A SPECIFIED  TIME
PERIOD,  THE PERIOD IN WHICH TO COMMENCE SUCH ACTION OR PROCEEDING OR TO
FILE SUCH NOTICE OF CLAIM SHALL NOT BEING TO  RUN  UNTIL  THE  LATER  OF
EITHER:  (A)  WHEN  ONE  KNOWS  OR  REASONABLY  SHOULD HAVE KNOWN OF THE
ALLEGED NEGLIGENT ACT OR OMISSION AND KNOWS OR  REASONABLY  SHOULD  HAVE
KNOWN  THAT  SUCH NEGLIGENT ACT OR OMISSION HAS CAUSED AN INJURY; OR (B)
THE DATE OF THE LAST TREATMENT WHERE THERE IS CONTINUOUS  TREATMENT  FOR
THE  SAME ILLNESS, INJURY OR CONDITION WHICH HAVE RISE TO THE ACCRUAL OF
AN ACTION. HOWEVER, SUCH ACTION SHALL COMMENCE NO LATER THAN  TEN  YEARS
FROM  THE ACT, OMISSION OR FAILURE COMPLAINED OF OR LAST TREATMENT WHERE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.