This text of New York § 214-G (Certain child sexual abuse cases) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 214-g. Certain child sexual abuse cases. Notwithstanding any\nprovision of law which imposes a period of limitation to the contrary\nand the provisions of any other law pertaining to the filing of a notice\nof claim or a notice of intention to file a claim as a condition\nprecedent to commencement of an action or special proceeding, every\ncivil claim or cause of action brought against any party alleging\nintentional or negligent acts or omissions by a person for physical,\npsychological, or other injury or condition suffered as a result of\nconduct which would constitute a sexual offense as defined in article\none hundred thirty of the penal law committed against a child less than\neighteen years of age, incest as defined in section 255.27, 255.26 or\n255.25 of the penal law committed
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§ 214-g. Certain child sexual abuse cases. Notwithstanding any\nprovision of law which imposes a period of limitation to the contrary\nand the provisions of any other law pertaining to the filing of a notice\nof claim or a notice of intention to file a claim as a condition\nprecedent to commencement of an action or special proceeding, every\ncivil claim or cause of action brought against any party alleging\nintentional or negligent acts or omissions by a person for physical,\npsychological, or other injury or condition suffered as a result of\nconduct which would constitute a sexual offense as defined in article\none hundred thirty of the penal law committed against a child less than\neighteen years of age, incest as defined in section 255.27, 255.26 or\n255.25 of the penal law committed against a child less than eighteen\nyears of age, or the use of a child in a sexual performance as defined\nin section 263.05 of the penal law, or a predecessor statute that\nprohibited such conduct at the time of the act, which conduct was\ncommitted against a child less than eighteen years of age, which is\nbarred as of the effective date of this section because the applicable\nperiod of limitation has expired, and/or the plaintiff previously failed\nto file a notice of claim or a notice of intention to file a claim, is\nhereby revived, and action thereon may be commenced not earlier than six\nmonths after, and not later than two years and six months after the\neffective date of this section. In any such claim or action: (a) in\naddition to any other defense and affirmative defense that may be\navailable in accordance with law, rule or the common law, to the extent\nthat the acts alleged in such action are of the type described in\nsubdivision one of section 130.30 of the penal law or subdivision one of\nsection 130.45 of the penal law, the affirmative defenses set forth,\nrespectively, in the closing paragraph of such sections of the penal law\nshall apply; and (b) dismissal of a previous action, ordered before the\neffective date of this section, on grounds that such previous action was\ntime barred, and/or for failure of a party to file a notice of claim or\na notice of intention to file a claim, shall not be grounds for\ndismissal of a revival action pursuant to this section.\n