senate Bill S849A

2021-2022 Legislative Session

Relates to the statute of limitations for actions based on employment discrimination

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Sponsored By

Current Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 25, 2021 referred to judiciary
delivered to assembly
passed senate
May 24, 2021 advanced to third reading
May 20, 2021 2nd report cal.
May 18, 2021 1st report cal.1081
May 13, 2021 print number 849a
May 13, 2021 amend (t) and recommit to judiciary
Jan 06, 2021 referred to judiciary

Co-Sponsors

view additional co-sponsors

S849 - Details

See Assembly Version of this Bill:
A233
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
2019-2020: S6322, A304

S849 - Summary

Relates to the statute of limitations for actions based on discriminatory practices in employment; establishes action must be commenced within six years.

S849 - Sponsor Memo

S849 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    849
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. GOUNARDES, LIU, BIAGGI, GAUGHRAN, HOYLMAN, KRUEGER,
   SKOUFIS -- read twice and ordered printed,  and  when  printed  to  be
   committed 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, 8 and 9 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,
 subdivision  7 as amended by chapter 532 of the laws of 1963, and subdi-
 vision 8 as amended by chapter 403 of the laws of 2004, and  subdivision
 9  as  added  by  chapter  184 of the laws of 2019 are amended and a new
 subdivision 10 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[.];
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

view additional co-sponsors

S849A (ACTIVE) - Details

See Assembly Version of this Bill:
A233
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
2019-2020: S6322, A304

S849A (ACTIVE) - Summary

Relates to the statute of limitations for actions based on discriminatory practices in employment; establishes action must be commenced within six years.

S849A (ACTIVE) - Sponsor Memo

S849A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  849--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  GOUNARDES,  LIU, BIAGGI, BROUK, COMRIE, GAUGHRAN,
   HOYLMAN, KRUEGER, MAYER, RIVERA, SEPULVEDA, SKOUFIS -- read twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Judiciary -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  amend  the civil practice law and rules, in relation to the
   statute of limitations for actions based upon unlawful  discriminatory
   practice in employment
 
   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, 8 and 9 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,
 subdivision  7 as amended by chapter 532 of the laws of 1963, and subdi-
 vision 8 as amended by chapter 403 of the laws of 2004, and  subdivision
 9  as  added  by  chapter  184 of the laws of 2019 are amended and a new
 subdivision 10 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 UPON UNLAWFUL DISCRIMINATORY PRACTICE IN
 EMPLOYMENT.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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