assembly Bill A3339

2017-2018 Legislative Session

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

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Sponsored By

Current 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 (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 18, 2017 advanced to third reading cal.405
May 16, 2017 reported
Jan 27, 2017 referred to codes

Co-Sponsors

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Multi-Sponsors

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A3339 - Details

Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§203 & 214-a, CPLR
Versions Introduced in Previous Legislative Sessions:
2015-2016: A285A
2013-2014: A1056A
2011-2012: A4852
2009-2010: A4627B

A3339 - Summary

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

A3339 - Bill Text download pdf

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

                                  3339

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2017
                               ___________

Introduced  by  M.  of A. WEINSTEIN, GOTTFRIED, PERRY, JAFFEE, BRINDISI,
  ROSENTHAL,  THIELE,  PAULIN,  HOOPER,  SIMANOWITZ,  ABINANTI,  TITONE,
  LIFTON,  M. G. MILLER,  AUBRY,  JENNE,  DINOWITZ,  HYNDMAN, RODRIGUEZ,
  SEPULVEDA, SANTABARBARA -- Multi-Sponsored by -- M. of A.  BRAUNSTEIN,
  BUCHWALD,  CYMBROWITZ,  KEARNS, TITUS -- read once and referred to the
  Committee on Codes

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02848-01-7

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