Assembly Bill A1190

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1190
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced  by  M.  of  A.  RAMOS,  R. CARROLL, COLTON, JACOBSON, GLICK,
   SAYEGH, SIMON, ROSENTHAL, TAYLOR, WEPRIN -- 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 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02381-01-5
              

 A. 1190                             2
 
 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] THE PLAINTIFF OR CLAIMANT'S 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 expi-
 ration  of  the  period within which the action or claim would have been
 authorized and that [he] THE PLAINTIFF OR CLAIMANT has otherwise  satis-
 fied the requirements of subdivisions two and three of this section.
   § 3. This act shall take effect immediately.