S T A T E   O F   N E W   Y O R K                   
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           S. 716                                                   A. 1329    
                                                                               
                              2003-2004 Regular Sessions                       
                                                                               
                             S E N A T E - A S S E M B L Y                     
                                                                               
                                   January 21, 2003                            
                                      ___________                              
                                                                               
       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    S  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.                     
                                                                  LBD05104-01-3
.SO DOC C 716/1329      *END*                    BTXT                 2003