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This entry was published on 2022-05-27
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SECTION 214-J
Certain sexual offense actions
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 2
§ 214-j. Certain sexual offense actions. Notwithstanding any provision
of law which imposes a period of limitation to the contrary and the
provisions of any other law pertaining to the filing of a notice of
claim or a notice of intention to file a claim as a condition precedent
to commencement of an action or special proceeding, every civil claim or
cause of action brought against any party alleging intentional or
negligent acts or omissions by a person for physical, psychological, or
other injury or condition suffered as a result of conduct which would
constitute a sexual offense as defined in article one hundred thirty of
the penal law committed against such person who was eighteen years of
age or older, or incest as defined in section 255.26 or 255.27 of the
penal law committed against such person who was eighteen years of age or
older, which is barred as of the effective date of this section because
the applicable period of limitation has expired, and/or the plaintiff
previously failed to file a notice of claim or a notice of intention to
file a claim, is hereby revived, and action thereon may be commenced not
earlier than six months after, and not later than one year and six
months after the effective date of this section. In any such claim or
action, dismissal of a previous action, ordered before the effective
date of this section, on grounds that such previous action was time
barred, and/or for failure of a party to file a notice of claim or a
notice of intention to file a claim, shall not be grounds for dismissal
of a revival action pursuant to this section.