§ 214-J — Certain sexual offense actions

New York § 214-J

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

Text

§ 214-j. Certain sexual offense actions. Notwithstanding any provision\nof law which imposes a period of limitation to the contrary and the\nprovisions of any other law pertaining to the filing of a notice of\nclaim or a notice of intention to file a claim as a condition precedent\nto commencement of an action or special proceeding, every civil claim or\ncause of action brought against any party alleging intentional or\nnegligent acts or omissions by a person for physical, psychological, or\nother injury or condition suffered as a result of conduct which would\nconstitute a sexual offense as defined in article one hundred thirty of\nthe penal law committed against such person who was eighteen years of\nage or older, or incest as defined in section 255.26 or 255.27 of the\npenal law committed against such person who was eighteen years of age or\nolder, which is barred as of the effective date of this section because\nthe applicable period of limitation has expired, and/or the plaintiff\npreviously failed to file a notice of claim or a notice of intention to\nfile a claim, is hereby revived, and action thereon may be commenced not\nearlier than six months after, and not later than one year and six\nmonths after the effective date of this section. In any such claim or\naction, dismissal of a previous action, ordered before the effective\ndate of this section, on grounds that such previous action was time\nbarred, and/or for failure of a party to file a notice of claim or a\nnotice of intention to file a claim, shall not be grounds for dismissal\nof a revival action pursuant to this section.\n