Bill Text: NY A04472 | 2023-2024 | General Assembly | Amended

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Bill Title: Provides that in toxic tort cases the date of discovery of the injury by the plaintiff or claimant is presumed to be the date of diagnosis and where the specific toxic etiological cause of injury is not known for up to ten years (instead of five years) after the injury itself is discovered a plaintiff shall have three years to file a claim from the time such specific cause is discovered.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced) 2024-05-14 - amended on third reading 4472a [A04472 Detail]

Download: New_York-2023-A04472-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4472--A
                                                                Cal. No. 123

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 16, 2023
                                       ___________

        Introduced  by  M.  of  A.  RAMOS, WEPRIN, TAYLOR, L. ROSENTHAL, THIELE,
          COLTON, REYES, CARROLL, JACOBSON, GLICK, SAYEGH, SIMON  --  read  once
          and referred to the Committee on Judiciary -- ordered to a third read-
          ing,  amended  and ordered reprinted, retaining its place on the order
          of third reading

        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:

     1    Section 1.  Subdivision 2 of section 214-c of the civil  practice  law
     2  and  rules,  as  added by chapter 682 of the laws of 1986, is amended to
     3  read as follows:
     4    2. Notwithstanding the provisions of section 214, the three year peri-
     5  od within which an action to recover  damages  for  personal  injury  or
     6  injury  to  property  caused  by  the  latent effects of exposure to any
     7  substance or combination of substances, in any form, upon or within  the
     8  body or upon or within property must be commenced shall be computed from
     9  the  date of discovery of the injury by the plaintiff, which is presumed
    10  to be the date the diagnosis was conveyed to the plaintiff or  claimant,
    11  or  from the date when through the exercise of reasonable diligence such
    12  injury should have been discovered by the plaintiff, whichever is earli-
    13  er.
    14    § 2. Subdivision 4 of section 214-c of  the  civil  practice  law  and
    15  rules,  as  added by chapter 682 of the laws of 1986, is amended to read
    16  as follows:
    17    4. Notwithstanding the provisions of subdivisions  two  and  three  of
    18  this  section,  where  the  discovery  of the specific toxic etiological
    19  cause of the injury, including  the  source  of  the  alleged  harm,  is
    20  alleged  to  have occurred less than [five] ten years after discovery of
    21  the injury or when with reasonable diligence  such  injury  should  have
    22  been  discovered,  whichever is earlier, an action may be commenced or a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04763-06-4
        A. 4472--A                          2

     1  claim filed within [one year] three years of such discovery of the cause
     2  of the injury; provided, however, if any such  action  is  commenced  or
     3  claim  filed  after  the  period  in  which it would otherwise have been
     4  authorized  pursuant  to  subdivision  two  or three of this section the
     5  plaintiff or claimant shall be required to allege and prove that techni-
     6  cal, scientific or  medical  knowledge  and  information  sufficient  to
     7  ascertain the cause of his injury had not been discovered, identified or
     8  determined, or that after diligent effort the cause was not known by the
     9  plaintiff  or  claimant,  prior  to  the expiration of the period within
    10  which the action or claim would have been authorized  and  that  he  has
    11  otherwise  satisfied  the  requirements of subdivisions two and three of
    12  this section.
    13    § 3. This act shall take effect immediately.