STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10800
 
                   IN ASSEMBLY
 
                                      April 2, 2004
                                       ___________
 
        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Cymbrowitz)
          -- (at request of the Office of Court Administration) -- read once and
          referred to the Committee on Codes
 
        AN ACT to amend the civil practice law and rules,  in  relation  to  the
          applicable statute of limitations for a cause of action for fraud
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 8 of section 213 of the civil practice law  and
     2  rules,  as added by chapter 248 of the laws of 1965 and as renumbered by
     3  chapter 43 of the laws of 1975, is amended to read as follows:
     4    8. an action based upon fraud; the time within which the  action  must
     5  be  commenced shall be [computed] the greater of six years from the date
     6  the cause of action accrued or two years from the time the plaintiff  or
     7  the person under whom [he] the plaintiff claims discovered the fraud, or
     8  could with reasonable diligence have discovered it.
     9    § 2. This act shall take effect immediately.
 
 
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16790-01-4