S07130 Summary:

BILL NO    S07130 

SAME AS    SAME AS A01056-A

SPONSOR    LIBOUS

COSPNSR    ADDABBO, AVELLA, BOYLE, BRESLIN, DEFRANCISCO, DILAN, ESPAILLAT,
           GALLIVAN, GIANARIS, GRISANTI, HASSELL-THOMPSON, HOYLMAN, KENNEDY,
           KRUEGER, LANZA, LARKIN, LATIMER, MAZIARZ, MONTGOMERY, O'BRIEN,
           PARKER, PERALTA, PERKINS, RANZENHOFER, ROBACH, SANDERS, SERRANO,
           SQUADRON, STAVISKY, TKACZYK, YOUNG

MLTSPNSR   

Amd SS203 & 214-a, CPLR

Establishes the date for the accrual of certain causes of action based on
negligence.
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S07130 Memo:

Memo not available
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S07130 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         7130

                                   I N  S E N A T E

                                    April 30, 2014
                                      ___________

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

       AN ACT to amend the civil practice law and rules, in relation to accrual
         of certain causes of action

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1. The opening paragraph of subdivision (g) of section 203 of
    2  the civil practice law and rules is designated paragraph  1  and  a  new
    3  paragraph 2 is added to read as follows:
    4    2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR THE
    5  PURPOSES  OF  SECTIONS FIFTY-E AND FIFTY-I OF THE GENERAL MUNICIPAL LAW,
    6  SECTION TEN OF THE COURT OF CLAIMS ACT, AND THE PROVISIONS OF ANY  OTHER
    7  LAW  PERTAINING  TO THE COMMENCEMENT OF AN ACTION OR SPECIAL PROCEEDING,
    8  OR TO THE FILING OF A NOTICE  OF  CLAIM  AS  A  CONDITION  PRECEDENT  TO
    9  COMMENCEMENT  OF AN ACTION OR SPECIAL PROCEEDING WITHIN A SPECIFIED TIME
   10  PERIOD, THE PERIOD IN WHICH TO COMMENCE SUCH ACTION OR PROCEEDING OR  TO
   11  FILE  SUCH  NOTICE  OF  CLAIM  SHALL NOT BEING TO RUN UNTIL THE LATER OF
   12  EITHER: (A) WHEN ONE KNOWS  OR  REASONABLY  SHOULD  HAVE  KNOWN  OF  THE
   13  ALLEGED  NEGLIGENT  ACT  OR OMISSION AND KNOWS OR REASONABLY SHOULD HAVE
   14  KNOWN THAT SUCH NEGLIGENT ACT OR OMISSION HAS CAUSED AN INJURY;  OR  (B)
   15  THE  DATE  OF THE LAST TREATMENT WHERE THERE IS CONTINUOUS TREATMENT FOR
   16  THE SAME ILLNESS, INJURY OR CONDITION WHICH HAVE RISE TO THE ACCRUAL  OF
   17  AN  ACTION.  HOWEVER, SUCH ACTION SHALL COMMENCE NO LATER THAN TEN YEARS
   18  FROM THE ACT, OMISSION OR FAILURE COMPLAINED OF OR LAST TREATMENT  WHERE
   19  THERE  IS CONTINUOUS TREATMENT FOR THE SAME ILLNESS, INJURY OR CONDITION
   20  WHICH GAVE RISE TO THE ACT, OMISSION OR FAILURE; PROVIDED, HOWEVER, THAT
   21  WHERE THE ACTION IS BASED UPON THE DISCOVERY OF A FOREIGN OBJECT IN  THE
   22  BODY  OF  A  PATIENT, THE ACTION MAY BE COMMENCED WITHIN ONE YEAR OF THE
   23  DATE OF SUCH DISCOVERY OR OF THE DATE OF DISCOVERY OF FACTS WHICH  WOULD
   24  REASONABLY LEAD TO SUCH DISCOVERY, WHICHEVER IS EARLIER.
   25    S  2. Section 214-a of the civil practice law and rules, as amended by
   26  chapter 485 of the laws of 1986, is amended to read as follows:
   27    S 214-a. Action for medical, dental or  podiatric  malpractice  to  be
   28  commenced  within  two  years  and six months; exceptions. An action for

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14944-01-4
       S. 7130                             2

    1  medical, dental or podiatric malpractice must be  commenced  within  two
    2  years  and six months of the ACCRUAL OF ANY SUCH ACTION.  THE ACCRUAL OF
    3  AN ACTION OCCURS AT THE LATER OF EITHER (A) WHEN ONE KNOWS OR REASONABLY
    4  SHOULD  HAVE KNOWN OF THE ALLEGED NEGLIGENT ACT OR OMISSION AND KNOWS OR
    5  REASONABLY SHOULD HAVE KNOWN THAT SUCH NEGLIGENT  ACT  OR  OMISSION  HAS
    6  CAUSED  AN  INJURY;  OR  (B) WITHIN TWO YEARS AND SIX MONTHS OF THE LAST
    7  TREATMENT WHERE THERE IS CONTINUOUS  TREATMENT  FOR  THE  SAME  ILLNESS,
    8  INJURY  OR CONDITION WHICH GAVE RISE TO THE ACCRUAL OF AN ACTION. HOWEV-
    9  ER, SUCH ACTION SHALL COMMENCE NO LATER THAN TEN  YEARS  FROM  THE  act,
   10  omission  or  failure  complained  of  or  last treatment where there is
   11  continuous treatment for the same illness,  injury  or  condition  which
   12  gave  rise to the said act, omission or failure; provided, however, that
   13  where the action is based upon the discovery of a foreign object in  the
   14  body  of the patient, the action may be commenced within one year of the
   15  date of such discovery or of the date of discovery of facts which  would
   16  reasonably lead to such discovery, whichever is earlier. For the purpose
   17  of  this section the term "continuous treatment" shall not include exam-
   18  inations undertaken at the request of the patient for the  sole  purpose
   19  of ascertaining the state of the patient's condition. For the purpose of
   20  this  section  the  term  "foreign  object" shall not include a chemical
   21  compound, fixation device or prosthetic aid or device.
   22    S 3. This act shall take effect immediately.
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