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Assembly Bill A1238

2025-2026 Legislative Session

Provides a limitation on actions to collect overcharges

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Current Bill Status - In Assembly Committee

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2025-A1238 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §212, CPLR
Versions Introduced in Other Legislative Sessions:
2017-2018: A8220
2019-2020: A7184
2021-2022: A1157
2023-2024: A9007

2025-A1238 (ACTIVE) - Summary

Provides that an action to recover the amount of an overcharge based upon a mistake or billing error made by an electric, gas or telephone corporation must be commenced within ten years.

2025-A1238 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1238
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to statute
   of limitations for certain overcharges
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  Section 212 of the civil practice law and rules is amended
 by adding a new subdivision (f) to read as follows:
   (F) OVERCHARGE BASED ON MISTAKE OR BILLING ERROR. AN ACTION TO RECOVER
 THE  AMOUNT  OF AN OVERCHARGE BASED UPON A MISTAKE OR BILLING ERROR MADE
 BY AN ELECTRIC, GAS, OR TELEPHONE CORPORATION MUST BE  COMMENCED  WITHIN
 TEN YEARS.
   §  2.  This  act  shall take effect immediately and shall apply to all
 causes of action occurring on or after such date.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02977-01-5

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