STATE OF NEW YORK
       ________________________________________________________________________
 
           S. 2017                                                  A. 3438
 
                              2001-2002 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                   February 1, 2001
                                      ___________
 
       IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
         ed, and when printed to be committed to the Committee on Codes
 
       IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
         to the Committee on Codes
 
       AN ACT to amend the civil practice law and rules, in relation to  recov-
         ery  of  damages  for personal injury or property damage caused by the
         latent effects of exposure to a toxic substance
 
         The People of the State of New York, represented in Senate and  Assem-
       bly, do enact as follows:
 
    1    Section  1.  Subdivision  2 of section 214-c of the civil practice law
    2  and rules, as added by chapter 682 of the laws of 1986,  is  amended  to
    3  read as follows:
    4    2. Notwithstanding the provisions of section 214, the three year peri-
    5  od  within  which  an  action  to recover damages for personal injury or
    6  injury to property caused by the  latent  effects  of  exposure  to  any
    7  substance  or combination of substances, in any form, upon or within the
    8  body or upon or within property must be commenced shall be computed from
    9  the date of discovery of the injury by the plaintiff or  from  the  date
   10  when  through  the  exercise  of reasonable diligence such injury should
   11  have been discovered by the plaintiff, whichever is  earlier.    Nothing
   12  contained  herein  shall be construed to affect or impair the common law
   13  as it existed prior to the enactment of this subdivision by chapter  six
   14  hundred eighty-two of the laws of nineteen hundred eighty-six.
   15    §  2.  This  act shall take effect on the thirtieth day after it shall
   16  have become a law.
 
 
        EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04538-01-1

 
BILL NUMBER: A3438
 
SPONSOR: Thiele

 
TITLE:  An act to amend the civil practice law and rules, in relation
to recovery of damages for personal injury or property damage caused by
the latent effects of exposure to a toxic substance
 
 
PURPOSE:  Extends the time period for recovery of damages for personal
injury or property damage caused by latent effects to a toxic substance
without impairing the common law.
 
 
SUMMARY OF PROVISIONS:  Amends §1, Subdivision 2 of §214-c of the
civil practice law and rules, as added by chapter 682 of the laws of
1986.
 
 
JUSTIFICATION:  This bill is written to affirm that the common law
protection still apply to the litigants who have recurring nuisances to
their property from the violators of CPLR §214-c(2). By stating that the
legislative intent is to follow along with the precedents in common law
assures many plaintiffs that they would not lose their day in court. The
statute is written ambiguously enough to abolish the common law. The
amendment presented allows this statute to be read in conjunction with,
rather than in derogation of, common law. So, the common law actions for
continuing trespass and continuing nuisance should be interpreted as
being unaltered by CPLR §214-c(2).
 
 
LEGISLATIVE HISTORY:
 
2/18/97 - referred to codes
01/07/98 - referred to codes
05/19/98 - held for consideration in codes
 
1999-00, A.1340, S.1508
 
 
FISCAL IMPLICATIONS:  None.
 
 
EFFECTIVE DATE:  This act shall take effect on the thirtieth day after
it shall have become a law.