Relates to the statute of limitations for actions based on discriminatory practices in employment; establishes action must be commenced within six years.
STATE OF NEW YORK
________________________________________________________________________
849--A
2021-2022 Regular Sessions
IN SENATE(Prefiled)
January 6, 2021
___________
Introduced by Sens. GOUNARDES, LIU, BIAGGI, BROUK, COMRIE, GAUGHRAN,
HOYLMAN, KRUEGER, MAYER, RIVERA, SEPULVEDA, SKOUFIS -- read twice and
ordered printed, and when printed to be committed to the Committee on
Judiciary -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the civil practice law and rules, in relation to the
statute of limitations for actions based upon unlawful discriminatory
practice in employment
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The section heading and subdivisions 7, 8 and 9 of section
2 213 of the civil practice law and rules, the section heading as amended
3 and subdivision 7 as renumbered by chapter 43 of the laws of 1975,
4 subdivision 7 as amended by chapter 532 of the laws of 1963, and subdi-
5 vision 8 as amended by chapter 403 of the laws of 2004, and subdivision
6 9 as added by chapter 184 of the laws of 2019 are amended and a new
7 subdivision 10 is added to read as follows:
8 Actions to be commenced within six years: where not otherwise provided
9 for; on contract; on sealed instrument; on bond or note, and mortgage
10 upon real property; by state based on misappropriation of public proper-
11 ty; based on mistake; by corporation against director, officer or stock-
12 holder; based on fraud; based upon unlawful discriminatory practice in
13 employment.
14 7. an action by or on behalf of a corporation against a present or
15 former director, officer or stockholder for an accounting, or to procure
16 a judgment on the ground of fraud, or to enforce a liability, penalty or
17 forfeiture, or to recover damages for waste or for an injury to property
18 or for an accounting in conjunction therewith[.];
19 8. an action based upon fraud; the time within which the action must
20 be commenced shall be the greater of six years from the date the cause
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00329-02-1
S. 849--A 2
1 of action accrued or two years from the time the plaintiff or the person
2 under whom the plaintiff claims discovered the fraud, or could with
3 reasonable diligence have discovered it[.];
4 9. an action by the attorney general pursuant to article
5 twenty-three-A of the general business law or subdivision twelve of
6 section sixty-three of the executive law[.];
7 10. an action based upon unlawful discriminatory practice in employ-
8 ment pursuant to article fifteen of the executive law.
9 § 2. This act shall take effect on the sixtieth day after it shall
10 have become a law.
