assembly Bill A285A

2015-2016 Legislative Session

Establishes the date for the accrual of causes of action based on medical, dental or podiatric malpractice

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

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 25, 2016 amended on third reading (t) 285a
Jan 06, 2016 ordered to third reading cal.20
returned to assembly
died in senate
Jun 10, 2015 referred to codes
delivered to senate
passed assembly
Jun 08, 2015 ordered to third reading rules cal.45
rules report cal.45
reported
Jun 02, 2015 reported referred to rules
Jan 07, 2015 referred to codes

Co-Sponsors

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Multi-Sponsors

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A285 - Details

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
2013-2014: A1056
2017-2018: A3339

A285 - Summary

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

A285 - Bill Text download pdf

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

                                   285

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M. of A. WEINSTEIN, GOTTFRIED, PERRY, JAFFEE, GOLDFEDER,
  MARKEY, TITONE, MOYA, BRINDISI, ROSENTHAL, BENEDETTO,  STECK,  THIELE,
  ABINANTI,  PAULIN  --  Multi-Sponsored  by  --  M.  of  A. BRAUNSTEIN,
  BUCHWALD, CYMBROWITZ, TITUS, WRIGHT -- read once and referred  to  the
  Committee on Codes

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 BEGIN 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 GAVE 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

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

Co-Sponsors

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Multi-Sponsors

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A285A (ACTIVE) - Details

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
2013-2014: A1056
2017-2018: A3339

A285A (ACTIVE) - Summary

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

A285A (ACTIVE) - Bill Text download pdf

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

                                 285--A
                                                         Cal. No. 20

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M. of A. WEINSTEIN, GOTTFRIED, PERRY, JAFFEE, GOLDFEDER,
  MARKEY, TITONE, MOYA, BRINDISI, ROSENTHAL, BENEDETTO,  STECK,  THIELE,
  ABINANTI,  PAULIN, HOOPER, BRONSON, WEPRIN, SIMANOWITZ, MILLER, AUBRY,
  LIFTON, RUSSELL, CLARK, WALKER, RYAN, DINOWITZ --  Multi-Sponsored  by
  --  M.  of A.  BRAUNSTEIN, BUCHWALD, CYMBROWITZ, DAVILA, TITUS, WRIGHT
  -- read once and referred to the Committee on Codes -- 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 causes of action for medical, dental and podiatric malpractice

  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 AN ACTION OR  PROCEEDING  OR  TO
FILE  SUCH  NOTICE OF CLAIM FOR MEDICAL, DENTAL OR PODIATRIC MALPRACTICE
SHALL NOT BEGIN 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  GAVE  RISE  TO THE ACCRUAL OF AN ACTION. HOWEVER, SUCH
ACTION SHALL COMMENCE NO LATER THAN TEN YEARS FROM THE ACT, OMISSION  OR

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

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