Assembly Bill A4472

2023-2024 Legislative Session

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

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Current Bill Status - On Floor Calendar

  • 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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2023-A4472 (ACTIVE) - Details

See Senate Version of this Bill:
S1295
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
2019-2020: A4879, S4920
2021-2022: A5031, S667

2023-A4472 (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.

2023-A4472 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4472
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2023
                                ___________
 
 Introduced  by  M.  of  A.  RAMOS, WEPRIN, TAYLOR, L. ROSENTHAL, THIELE,
   COLTON, REYES, CARROLL, JACOBSON,  GLICK,  SAYEGH  --  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.
                                                            LBD04763-01-3

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