senate Bill S6596B

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 - In Senate Committee Judiciary 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 (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 13, 2016 print number 6596b
Jun 13, 2016 amend and recommit to judiciary
print number 6596a
Jun 13, 2016 amend and recommit to judiciary
Jan 29, 2016 referred to judiciary

Co-Sponsors

view additional co-sponsors

S6596 - Details

See Assembly Version of this Bill:
A10719
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§203 & 214-a, CPLR
Versions Introduced in Other Legislative Sessions:
2013-2014: S7130
2017-2018: S4080

S6596 - Summary

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

S6596 - Sponsor Memo

S6596 - Bill Text download pdf

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

                                  6596

                            I N  S E N A T E

                            January 29, 2016
                               ___________

Introduced  by Sens. DeFRANCISCO, ADDABBO, AMEDORE, AVELLA, BOYLE, BRES-
  LIN,  DILAN,   ESPAILLAT,   FUNKE,   GALLIVAN,   GIANARIS,   HAMILTON,
  HASSELL-THOMPSON,  HOYLMAN,  KENNEDY, KRUEGER, LANZA, LARKIN, LATIMER,
  MONTGOMERY, PANEPINTO,  PARKER,  PERALTA,  PERKINS,  RITCHIE,  ROBACH,
  SANDERS,  SERRANO, SQUADRON, STAVISKY, YOUNG -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Judici-
  ary

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
FAILURE COMPLAINED OF OR LAST TREATMENT WHERE THERE IS CONTINUOUS TREAT-
MENT 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 DISCOV-

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

Co-Sponsors

view additional co-sponsors

S6596A - Details

See Assembly Version of this Bill:
A10719
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§203 & 214-a, CPLR
Versions Introduced in Other Legislative Sessions:
2013-2014: S7130
2017-2018: S4080

S6596A - Summary

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

S6596A - Bill Text download pdf

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

                                 6596--A

                            I N  S E N A T E

                            January 29, 2016
                               ___________

Introduced  by  Sens.  DeFRANCISCO,  ADDABBO,  AKSHAR,  AMEDORE, AVELLA,
  BOYLE, BRESLIN, COMRIE, DILAN,  ESPAILLAT,  FELDER,  FUNKE,  GALLIVAN,
  GIANARIS,  HAMILTON,  HASSELL-THOMPSON,  HOYLMAN,  KAMINSKY,  KENNEDY,
  KRUEGER, LANZA, LARKIN, LATIMER, MONTGOMERY, PANEPINTO, PARKER, PERAL-
  TA, PERKINS, PERSAUD, RANZENHOFER, RITCHIE, RIVERA,  ROBACH,  SANDERS,
  SERRANO,  SQUADRON, STAVISKY, YOUNG -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Judiciary  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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 SEVEN 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

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

Co-Sponsors

view additional co-sponsors

S6596B (ACTIVE) - Details

See Assembly Version of this Bill:
A10719
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§203 & 214-a, CPLR
Versions Introduced in Other Legislative Sessions:
2013-2014: S7130
2017-2018: S4080

S6596B (ACTIVE) - Summary

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

S6596B (ACTIVE) - Bill Text download pdf

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

                                 6596--B

                            I N  S E N A T E

                            January 29, 2016
                               ___________

Introduced  by  Sens.  DeFRANCISCO,  ADDABBO,  AKSHAR,  AMEDORE, AVELLA,
  BOYLE, BRESLIN, COMRIE, DILAN,  ESPAILLAT,  FELDER,  FUNKE,  GALLIVAN,
  GIANARIS,  HAMILTON,  HASSELL-THOMPSON,  HOYLMAN,  KAMINSKY,  KENNEDY,
  KRUEGER, LANZA, LARKIN, LATIMER, MONTGOMERY, PANEPINTO, PARKER, PERAL-
  TA, PERKINS, PERSAUD, RANZENHOFER, RITCHIE, RIVERA,  ROBACH,  SANDERS,
  SERRANO,  SQUADRON, STAVISKY, YOUNG -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Judiciary  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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 SEVEN 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

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

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