§ 214-C — Certain actions to be commenced within three years of discovery

New York § 214-C

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 2: Limitations of Time

Text

§ 214-c. Certain actions to be commenced within three years of\ndiscovery. 1. In this section: "exposure" means direct or indirect\nexposure by absorption, contact, ingestion, inhalation, implantation or\ninjection.\n 2. Notwithstanding the provisions of section 214, the three year\nperiod within which an action to recover damages for personal injury or\ninjury to property caused by the latent effects of exposure to any\nsubstance or combination of substances, in any form, upon or within the\nbody or upon or within property must be commenced shall be computed from\nthe date of discovery of the injury by the plaintiff or from the date\nwhen through the exercise of reasonable diligence such injury should\nhave been discovered by the plaintiff, whichever is earlier.\n 3. For the purposes of sections fifty-e and fifty-i of the general\nmunicipal law, section thirty-eight hundred thirteen of the education\nlaw and the provisions of any general, special or local law or charter\nrequiring as a condition precedent to commencement of an action or\nspecial proceeding that a notice of claim be filed or presented within a\nspecified period of time after the claim or action accrued, a claim or\naction for personal injury or injury to property caused by the latent\neffects of exposure to any substance or combination of substances, in\nany form, upon or within the body or upon or within property shall be\ndeemed to have accrued on the date of discovery of the injury by the\nplaintiff or on the date when through the exercise of reasonable\ndiligence the injury should have been discovered, whichever is earlier.\n 4. Notwithstanding the provisions of subdivisions two and three of\nthis section, where the discovery of the cause of the injury is alleged\nto have occurred less than five years after discovery of the injury or\nwhen with reasonable diligence such injury should have been discovered,\nwhichever is earlier, an action may be commenced or a claim filed within\none year of such discovery of the cause of the injury; provided,\nhowever, if any such action is commenced or claim filed after the period\nin which it would otherwise have been authorized pursuant to subdivision\ntwo or three of this section the plaintiff or claimant shall be required\nto allege and prove that technical, scientific or medical knowledge and\ninformation sufficient to ascertain the cause of his injury had not been\ndiscovered, identified or determined prior to the expiration of the\nperiod within which the action or claim would have been authorized and\nthat he has otherwise satisfied the requirements of subdivisions two and\nthree of this section.\n 5. This section shall not be applicable to any action for medical or\ndental malpractice.\n 6. This section shall be applicable to acts, omissions or failures\noccurring prior to, on or after July first, nineteen hundred eighty-six,\nexcept that this section shall not be applicable to any act, omission or\nfailure:\n (a) which occurred prior to July first, nineteen hundred eighty-six,\nand\n (b) which caused or contributed to an injury that either was\ndiscovered or through the exercise of reasonable diligence should have\nbeen discovered prior to such date, and\n (c) an action for which was or would have been barred because the\napplicable period of limitation had expired prior to such date.\n