A01056 Summary:

BILL NOA01056A
 
SAME ASSAME AS S07130
 
SPONSORWeinstein (MS)
 
COSPNSRGottfried, Hooper, Paulin, Perry, Jaffee, Weprin, Goldfeder, Markey, Titone, Mosley, Moya, Brindisi, Rosenthal, Borelli, Benedetto, Steck, Lifton, Clark, Thiele, Abinanti, Simotas
 
MLTSPNSRArroyo, Braunstein, Buchwald, Cymbrowitz, Englebright, Jacobs, Millman, Ra, Raia, Sepulveda, Titus, Weisenberg, Wright
 
Amd SS203 & 214-a, CPLR
 
Establishes the date for the accrual of certain causes of action based on negligence.
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A01056 Actions:

BILL NOA01056A
 
01/09/2013referred to codes
06/17/2013reported referred to rules
06/19/2013reported
06/19/2013rules report cal.494
06/19/2013ordered to third reading rules cal.494
01/08/2014referred to codes
04/07/2014reported
04/24/2014advanced to third reading cal.552
05/12/2014amended on third reading (t) 1056a
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A01056 Floor Votes:

There are no votes for this bill in this legislative session.
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A01056 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1056--A
                                                                Cal. No. 552
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by  M.  of  A.  WEINSTEIN, GOTTFRIED, HOOPER, PAULIN, PERRY,
          JAFFEE, WEPRIN, GOLDFEDER, MARKEY,  TITONE,  MOSLEY,  MOYA,  BRINDISI,
          STIRPE,  ROSENTHAL,  BORELLI, BENEDETTO, STECK, LIFTON, CLARK, THIELE,

          ABINANTI -- Multi-Sponsored by  --  M.  of  A.  BRAUNSTEIN,  BUCHWALD,
          CYMBROWITZ,  ENGLEBRIGHT, JACOBS, MILLMAN, RA, RAIA, SEPULVEDA, TITUS,
          WEISENBERG, WRIGHT -- read once and referred to the Committee on Codes
          -- reported from committee, advanced to a third reading,  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 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01405-08-4

        A. 1056--A                          2
 
     1  there is continuous treatment for the same illness, injury or  condition
     2  which gave rise to the act, omission or failure; provided, however, that

     3  where  the action is based upon the discovery of a foreign object in the
     4  body  of  a  patient, the action may be commenced within one year of the
     5  date of such discovery or of the date of discovery of facts which  would
     6  reasonably lead to such discovery, whichever is earlier.
     7    §  2. Section 214-a of the civil practice law and rules, as amended by
     8  chapter 485 of the laws of 1986, is amended to read as follows:
     9    § 214-a. Action for medical, dental or  podiatric  malpractice  to  be
    10  commenced  within  two  years  and six months; exceptions. An action for
    11  medical, dental or podiatric malpractice must be  commenced  within  two
    12  years  and six months of the accrual of any such action.  The accrual of
    13  an action occurs at the later of either (a) when one knows or reasonably

    14  should have known of the alleged negligent act or omission and knows  or
    15  reasonably  should  have  known  that such negligent act or omission has
    16  caused an injury; or (b) within two years and six  months  of  the  last
    17  treatment  where  there  is  continuous  treatment for the same illness,
    18  injury or condition which gave rise to the accrual of an action.  Howev-
    19  er,  such  action  shall  commence no later than ten years from the act,
    20  omission or failure complained of  or  last  treatment  where  there  is
    21  continuous  treatment  for  the  same illness, injury or condition which
    22  gave rise to the said act, omission or failure; provided, however,  that
    23  where  the action is based upon the discovery of a foreign object in the
    24  body of the patient, the action may be commenced within one year of  the

    25  date  of such discovery or of the date of discovery of facts which would
    26  reasonably lead to such discovery, whichever is earlier. For the purpose
    27  of this section the term "continuous treatment" shall not include  exam-
    28  inations  undertaken  at the request of the patient for the sole purpose
    29  of ascertaining the state of the patient's condition. For the purpose of
    30  this section the term "foreign object"  shall  not  include  a  chemical
    31  compound, fixation device or prosthetic aid or device.
    32    § 3. This act shall take effect immediately.
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