Senate Bill S1295A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1295--A
     Cal. No. 938
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced by Sens. SANDERS, GOUNARDES, HOYLMAN-SIGAL, JACKSON, KRUEGER,
   MAY  -- read twice and ordered printed, and when printed to be commit-
   ted to the Committee on Judiciary -- recommitted to the  Committee  on
   Judiciary in accordance with Senate Rule 6, sec. 8 -- reported favora-
   bly  from  said committee, ordered to first and second report, ordered
   to a third reading, amended and ordered reprinted, retaining its place
   in the order of third reading
 
 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 2 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:
   2. Notwithstanding the provisions of section 214, the three year peri-
 od within which an action to recover  damages  for  personal  injury  or
 injury  to  property  caused  by  the  latent effects of exposure to any
 substance or combination of substances, in any form, upon or within  the
 body or upon or within property must be commenced shall be computed from
 the  date of discovery of the injury by the plaintiff, WHICH IS PRESUMED
 TO BE THE DATE THE DIAGNOSIS WAS CONVEYED TO THE PLAINTIFF OR  CLAIMANT,
 or  from the date when through the exercise of reasonable diligence such
 injury should have been discovered by the plaintiff, whichever is earli-
 er.
   § 2. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04763-07-4
 S. 1295--A                          2
 
 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.
   § 3. This act shall take effect immediately.