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This entry was published on 2014-09-22
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Limitation of actions, burden of proof
State Finance (STF) CHAPTER 56, ARTICLE 13
§ 192. Limitation of actions, burden of proof. 1. A civil action under
this article shall be commenced no later than ten years after the date
on which the violation of this article is committed. Notwithstanding any
other provision of law, for the purposes of this article, an action
under this article is commenced by the filing of the complaint.

(1-a) For purposes of applying rule three thousand sixteen of the
civil practice law and rules, in pleading an action brought under this
article the qui tam plaintiff shall not be required to identify specific
claims that result from an alleged course of misconduct, or any specific
records or statements used, if the facts alleged in the complaint, if
ultimately proven true, would provide a reasonable indication that one
or more violations of section one hundred eighty-nine of this article
are likely to have occurred, and if the allegations in the pleading
provide adequate notice of the specific nature of the alleged misconduct
to permit the state or a local government effectively to investigate and
defendants fairly to defend the allegations made.

2. In any action brought under this article, the state, a local
government that participates as a party in the action, or the person
bringing the qui tam civil action, shall be required to prove all
essential elements of the cause of action, including damages, by a
preponderance of the evidence.