S T A T E O F N E W Y O R K
________________________________________________________________________
6137
2013-2014 Regular Sessions
I N A S S E M B L Y
March 15, 2013
___________
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.
LBD08717-01-3