S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    727
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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  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
 S. 727                              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.