Assembly Bill A304

2019-2020 Legislative Session

Relates to the statute of limitations for actions based on harassment

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-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

2019-A304 (ACTIVE) - Summary

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

2019-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.
              

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