Bill Text: NY S09076 | 2021-2022 | General Assembly | Introduced


Bill Title: Permanently extends the revival of time barred causes of action for an injury or death caused by contact with or exposure to phenoxy herbicides for those persons serving as members of the armed forces in Indo-China from November 1, 1955 through May 7, 1975.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2022-05-25 - SUBSTITUTED BY A3582A [S09076 Detail]

Download: New_York-2021-S09076-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9076

                    IN SENATE

                                       May 6, 2022
                                       ___________

        Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary

        AN ACT to amend chapter 266 of the laws  of  1981,  amending  the  civil
          practice  law  and  rules relating to time limitations, in relation to
          permanently extending time limitations for certain actions

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 4 of chapter 266 of the laws of 1981, amending the
     2  civil practice law and rules relating to time limitations, as amended by
     3  section 1 of item Q of subpart B of part XXX of chapter 58 of  the  laws
     4  of 2020, is amended to read as follows:
     5    §  4.  Every  cause of action for an injury or death caused by contact
     6  with or exposure to phenoxy herbicides while serving as a member of  the
     7  armed forces of the United States in Indo-China from [February 28, 1961]
     8  November  1, 1955 through May 7, 1975, which is or would be barred prior
     9  to June 16, 1985,  because  the  applicable  period  of  limitation  has
    10  expired  is  hereby  revived  and extended and any action thereon may be
    11  commenced and prosecuted [provided such action is  commenced  not  later
    12  than June 16, 2022].
    13    § 2. This act shall take effect immediately.





         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05952-03-2
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