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Assembly Bill A4845

2017-2018 Legislative Session

Relates to the time to file a claim in a toxic tort case

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Archive: Last Bill Status - On Floor Calendar

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2017-A4845 (ACTIVE) - Details

Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §214-c, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A4187
2011-2012: A3714
2013-2014: A6137
2015-2016: A4441
2019-2020: A4879
2021-2022: A5031
2023-2024: A4472
2025-2026: A1190

2017-A4845 (ACTIVE) - Summary

Provides that in toxic tort cases where the specific toxic etiological cause of injury is not known for up to ten years (instead of five years) after the injury itself is discovered a plaintiff shall have three years to file a claim from the time such specific cause is discovered.

2017-A4845 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4845
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced  by M. of A. RAMOS -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the civil practice law and rules, in  relation  to  time
   limitations for filing claims for certain injuries
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 4 of section 214-c of the  civil  practice  law
 and  rules,  as  added by chapter 682 of the laws of 1986, is amended to
 read as follows:
   4. Notwithstanding the provisions of subdivisions  two  and  three  of
 this  section,  where  the  discovery  of the SPECIFIC TOXIC ETIOLOGICAL
 cause of the injury, INCLUDING  THE  SOURCE  OF  THE  ALLEGED  HARM,  is
 alleged  to  have occurred less than [five] TEN years after discovery of
 the injury or when with reasonable diligence  such  injury  should  have
 been  discovered,  whichever is earlier, an action may be commenced or a
 claim filed within [one year] THREE YEARS of such discovery of the cause
 of the injury; provided, however, if any such  action  is  commenced  or
 claim  filed  after  the  period  in  which it would otherwise have been
 authorized pursuant to subdivision two or  three  of  this  section  the
 plaintiff or claimant shall be required to allege and prove that techni-
 cal,  scientific  or  medical  knowledge  and  information sufficient to
 ascertain the cause of his injury had not been discovered, identified or
 determined, OR THAT AFTER DILIGENT EFFORT THE CAUSE WAS NOT KNOWN BY THE
 PLAINTIFF OR CLAIMANT, prior to the  expiration  of  the  period  within
 which  the  action  or  claim would have been authorized and that he has
 otherwise satisfied the requirements of subdivisions two  and  three  of
 this section.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08780-01-7

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