assembly Bill A304

2019-2020 Legislative Session

Relates to the statute of limitations for actions based on harassment

download bill text pdf

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Archive: Last Bill Status - In Assembly 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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to judiciary
Jan 09, 2019 referred to judiciary

Co-Sponsors

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A304 (ACTIVE) - Details

See Senate Version of this Bill:
S6322
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §213, CPLR
Versions Introduced in Other Legislative Sessions:
2017-2018: A11293
2021-2022: A233, S849
2023-2024: A65, S345

A304 (ACTIVE) - Summary

Relates to the statute of limitations for actions based on harassment; six years.

A304 (ACTIVE) - Bill Text download pdf


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

                                   304

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
  Committee on Judiciary

AN ACT to amend the civil practice law and rules,  in  relation  to  the
  statute  of  limitations  for actions based on harassment in the work-
  place

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The section heading and subdivisions 7 and 8 of section 213
of  the civil practice law and rules, the section heading as amended and
subdivision 7 as renumbered by chapter 43 of the laws of 1975,  subdivi-
sion  7 as amended by chapter 532 of the laws of 1963, and subdivision 8
as amended by chapter 403 of the laws of 2004, are  amended  and  a  new
subdivision 9 is added to read as follows:
  Actions to be commenced within six years: where not otherwise provided
for;  on  contract;  on sealed instrument; on bond or note, and mortgage
upon real property; by state based on misappropriation of public proper-
ty; based on mistake; by corporation against director, officer or stock-
holder; based on fraud; BASED ON HARASSMENT IN THE WORKPLACE.
  7. an action by or on behalf of a corporation  against  a  present  or
former director, officer or stockholder for an accounting, or to procure
a judgment on the ground of fraud, or to enforce a liability, penalty or
forfeiture, or to recover damages for waste or for an injury to property
or for an accounting in conjunction therewith[.];
  8.  an  action based upon fraud; the time within which the action must
be commenced shall be the greater of six years from the date  the  cause
of action accrued or two years from the time the plaintiff or the person
under  whom  the  plaintiff  claims  discovered the fraud, or could with
reasonable diligence have discovered it[.];
  9. AN ACTION BASED UPON HARASSMENT IN THE WORKPLACE  PURSUANT  TO  THE
CIVIL RIGHTS LAW OR THE HUMAN RIGHTS LAW.
  §  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.