senate Bill S7130

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 - In Senate 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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 30, 2014 referred to judiciary

Co-Sponsors

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S7130 - Details

See Assembly Version of this Bill:
A1056A
Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§203 & 214-a, CPLR

S7130 - Summary

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

S7130 - Sponsor Memo

S7130 - Bill Text download pdf

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

                                  7130

                            I N  S E N A T E

                             April 30, 2014
                               ___________

Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

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
THERE  IS CONTINUOUS TREATMENT FOR THE SAME ILLNESS, INJURY OR CONDITION
WHICH GAVE RISE TO THE ACT, OMISSION OR FAILURE; PROVIDED, HOWEVER, THAT
WHERE THE ACTION IS BASED UPON THE DISCOVERY OF A FOREIGN OBJECT IN  THE
BODY  OF  A  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.
  S  2. 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

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

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