senate Bill S911A

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 Rules 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 (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 25, 2015 recommitted to rules
ordered to third reading cal.1883
committee discharged and committed to rules
Jun 13, 2015 print number 911a
Jun 13, 2015 amend (t) and recommit to codes
Jan 07, 2015 referred to codes

Votes

view votes

Jun 25, 2015 - Rules committee Vote

S911A
17
4
committee
17
Aye
4
Nay
2
Aye with Reservations
1
Absent
1
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

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S911 - Details

Current Committee:
Senate Rules
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

S911 - Summary

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

S911 - Sponsor Memo

S911 - Bill Text download pdf

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

                                   911

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00100-01-5

Co-Sponsors

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S911A (ACTIVE) - Details

Current Committee:
Senate Rules
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

S911A (ACTIVE) - Summary

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

S911A (ACTIVE) - Bill Text download pdf

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

                                 911--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

Introduced  by  Sens.  LIBOUS, ADDABBO, AMEDORE, AVELLA, BOYLE, BRESLIN,
  DeFRANCISCO, DILAN, ESPAILLAT, FUNKE,  GALLIVAN,  GIANARIS,  HAMILTON,
  HASSELL-THOMPSON,  HOYLMAN,  KENNEDY, KRUEGER, LANZA, LARKIN, LATIMER,
  MONTGOMERY, PANEPINTO, PARKER, PERALTA, PERKINS, RANZENHOFER, RITCHIE,
  ROBACH, SANDERS, SERRANO, SQUADRON, STAVISKY, VALESKY, YOUNG  --  read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Codes --  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 TEN YEARS FROM THE ACT, OMISSION OR
FAILURE COMPLAINED OF OR LAST TREATMENT WHERE THERE IS CONTINUOUS TREAT-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00100-02-5

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