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A09824 Summary:

BILL NOA09824A
 
SAME ASSAME AS S08763-A
 
SPONSORThiele
 
COSPNSRLavine, Englebright, Stern, DeStefano, Griffin
 
MLTSPNSR
 
Amd §214-h, CPLR
 
Relates to the statute of limitations for public water suppliers to commence an action for injury to property; provides that any action, civil claim, or cause of action involving an emerging contaminant that is barred as of the applicable period of limitation has expired is hereby revived, and such action thereon may be commenced and prosecuted provided such action is commenced either before or in accordance with certain time periods; defines "emerging contaminant".
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A09824 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9824--A
 
                   IN ASSEMBLY
 
                                     April 19, 2022
                                       ___________
 
        Introduced  by M. of A. THIELE, LAVINE, ENGLEBRIGHT, STERN, DeSTEFANO --
          read once and referred to the Committee on Judiciary --  reported  and
          referred  to  the  Committee  on Codes -- reported and referred to the
          Committee on  Rules  --  Rules  Committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to the Committee on Rules

        AN  ACT  to  amend  the civil practice law and rules, in relation to the
          statute of limitations for  public  water  suppliers  to  commence  an
          action, civil claim, or cause of action for injury to property
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section 214-h of the  civil  practice  law
     2  and rules is amended by adding a new paragraph (i) to read as follows:
     3    (i) "Emerging contaminant" shall mean any physical, chemical, microbi-
     4  ological  or  radiological  substance that has ever been or ever will be
     5  identified or listed pursuant to paragraph a or b of  subdivision  three
     6  of  section  eleven  hundred twelve of the public health law or that has
     7  ever been or ever will be required to be  identified  or  listed  as  an
     8  emerging  contaminant  pursuant  to  paragraph c of subdivision three of
     9  section eleven hundred twelve of the public health law or that is  iden-
    10  tified or listed as an emerging contaminant pursuant to any other law.
    11    §  2.  Section 214-h of the civil practice law and rules is amended by
    12  adding a new subdivision 5 to read as follows:
    13    5. Any action, civil claim, or cause of action involving  an  emerging
    14  contaminant  that is barred as of the effective date of this subdivision
    15  because the applicable  period  of  limitation  has  expired  is  hereby
    16  revived, and such action, civil claim, or cause of action thereon may be
    17  commenced  and prosecuted provided such action, civil claim, or cause of
    18  action is commenced either before or within  one  year  and  six  months
    19  following the effective date of this subdivision.
    20    § 3. This act shall take effect immediately.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15232-03-2
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