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SECTION 214-D
Limitations on certain actions against licensed engineers and architects
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 2
§ 214-d. Limitations on certain actions against licensed engineers and
architects. 1. Any person asserting a claim for personal injury,
wrongful death or property damage, or a cross or third-party claim for
contribution or indemnification arising out of an action for personal
injury, wrongful death or property damage, against a licensed architect,
engineer, land surveyor or landscape architect or against a partnership,
professional corporation or limited liability company lawfully
practicing architecture, engineering, land surveying or landscape
architecture which is based upon the professional performance, conduct
or omission by such licensed architect, engineer, land surveyor or
landscape architect or such firm occurring more than ten years prior to
the date of such claim, shall give written notice of such claim to each
such architect, engineer, land surveyor or landscape architect or such
firm at least ninety days before the commencement of any action or
proceeding against such licensed architect, engineer, land surveyor or
landscape architect or such firm including any cross or third-party
action or claim. The notice of claim shall identify the performance,
conduct or omissions complained of, on information and belief, and shall
include a request for general and special damages. Service of such
written notice of claim may be made by any of the methods permitted for
personal service of a summons upon a natural person, partnership or
professional corporation. A notice of claim served in accordance with
this section shall be filed, together with proof of service thereof, in
any court of this state in which an action, proceeding or cross or
third-party claim arising out of such conduct may be commenced or
interposed, within thirty days of the service of the notice of claim.
Upon the filing of any such notice of claim, a county clerk shall
collect an index number fee in accordance with section eight thousand
eighteen of this chapter and an index number shall be assigned.

2. In such pleadings as are subsequently filed in any court, each
party shall represent that it has fully complied with the provisions of
this section.

3. Service of a notice as provided in this section shall toll the
applicable statute of limitations to and including a period of one
hundred twenty days following such service.

4. From and after the date of service of the notice provided for in
subdivision one of this section, the claimant shall have the right to
serve a demand for discovery and production of documents and things for
inspection, testing, copying or photographing in accordance with rule
three thousand one hundred twenty of this chapter. Such demand shall be
governed by the procedures of article thirty-one of this chapter. In
addition, the claimant shall have the right to the examination before
trial of such licensed architect, engineer, land surveyor or landscape
architect or such firm or to serve written interrogatories upon such
licensed architect, engineer, land surveyor or landscape architect or
such firm after service of and compliance with a demand for production
and inspection in accordance with this section. The court may, at any
time at its own initiative or on motion of such licensed architect,
engineer, land surveyor or landscape architect or such firm deny, limit,
condition or restrict such examination before trial or written
interrogatories upon a showing that such claimant has failed to
establish reasonable necessity for the information sought or failed to
establish that the information sought by such examination or
interrogatories cannot reasonably be determined from the documents or
things provided in response to a demand for production and inspection
served in accordance with this section. Such examination before trial or
interrogatories shall otherwise be governed by article thirty-one of
this chapter.

5. After the expiration of ninety days from service of the notice
provided in subdivision one of this section, the claimant may commence
or interpose an action, proceeding or cross or third-party claim against
such licensed architect, engineer, land surveyor or landscape architect
or such firm. The action shall proceed in every respect as if the action
were one brought on account of conduct occurring less than ten years
prior to the claim described in said action, unless the defendant
architect, engineer, land surveyor or landscape architect or such firm
shall have made a motion under rule three thousand two hundred eleven or
three thousand two hundred twelve of this chapter, in which event the
action shall be stayed pending determination of the motion. Such motion
shall be granted upon a showing that such claimant has failed to comply
with the notice of claim requirements of this section or for the reasons
set forth in subdivision (h) of rule three thousand two hundred eleven
or subdivision (i) of rule three thousand two hundred twelve of this
chapter; provided, however, such motion shall not be granted if the
moving party is in default of any disclosure obligation as set forth in
subdivision four of this section.

6. No claim for personal injury, or wrongful death or property damage,
or a cross or third-party claim for contribution or indemnification
arising out of an action for personal injury, wrongful death or property
damage may be asserted against a licensed architect, engineer, land
surveyor or landscape architect or such firm arising out of conduct by
such licensed architect, engineer, land surveyor or landscape architect
or such firm occurring more than ten years prior to the accrual of such
claim shall be commenced or interposed against any such licensed
architect, engineer, land surveyor or landscape architect or such firm
unless it shall appear by and as an allegation in the complaint or
necessary moving papers that the claimant has complied with the
requirements of this section. Upon the commencement of such a proceeding
or action or interposition of such cross or third-party claim, a county
clerk shall not be entitled to collect an index number fee and such
action, proceeding or cross or third-party claim shall retain the
previously assigned index number. Such action, proceeding or cross or
third-party claim shall otherwise be governed by the provisions of this
chapter.

7. The provisions of this section shall apply only to a licensed
architect, engineer, land surveyor or landscape architect or such firm
practicing architecture, engineering, land surveying or landscape
architecture in the state of New York at the time the conduct complained
of occurred and shall not apply to any person or entity, including but
not limited to corporations, which was not licensed as an architect,
engineer, land surveyor or landscape architect or such firm in this
state or to a firm not lawfully practicing architecture, engineering,
land surveying or landscape architecture at the time the conduct
complained of occurred.

8. The provisions of this section shall not be construed to in any way
alter or extend any applicable statutes of limitations except as
expressly provided herein.