Do you support this bill?

Assembly Bill A4879

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - On Floor Calendar

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

co-Sponsors

multi-Sponsors

2019-A4879 (ACTIVE) - Details

See Senate Version of this Bill:
S4920
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
2017-2018: A4845
2021-2022: A5031, S667
2023-2024: A4472, S1295
2025-2026: A1190, S727

2019-A4879 (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.

2019-A4879 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4879
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 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.
                                                            LBD07466-01-9

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.