S T A T E O F N E W Y O R K ________________________________________________________________________ 1608 1997-1998 Regular Sessions I N S E N A T E January 24, 1997 ___________ Introduced by Sens. GOLD, ABATE, GENTILE, LEICHTER, ONORATO, OPPENHEIM- ER, WALDON -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to defin- ing liability for exposure to diethylstilbestrol The People of the State of New York, represented in Senate and Assem- ______________________________________________________________________ bly, do enact as follows: _________________________ 1 Section 1. Subdivision 1 of section 214-c of the civil practice law 2 and rules, as amended by chapter 551 of the laws of 1992, is amended to 3 read as follows: 4 1. In this section: "exposure" means direct or indirect exposure by 5 absorption, contact, ingestion, inhalation, implantation or injection 6 and, in actions involving exposure to diethylstilbestrol, exposure shall ________________________________________________________________________ 7 also mean any subsequent effects of exposure by an offspring of any ________________________________________________________________________ 8 person whose mother had direct or indirect exposure by absorption, ________________________________________________________________________ 9 contact, ingestion, inhalation or injection of diethylstilbestrol. For ________________________________________________________________________ 10 purposes of this section such causes of action shall only accrue to the ________________________________________________________________________ 11 natural born issue, as defined in section 1-2.10 of the estates, powers ________________________________________________________________________ 12 and trusts law, to the first degree of such person. __________________________________________________ 13  2. Notwithstanding any other provision of law, every action for 14 personal injury, injury to property or death caused by exposure to 15 diethylstilbestrol which: 16 (a) was brought prior to the effective date of this act and was 17 dismissed for failure to state a cause of action or was not brought 18 prior to the effective date of this act, would not have stated a cause 19 of action if brought prior to the effective date of this act and is 20 barred as of the effective date of this act because the applicable stat- 21 ute of limitations has expired; and 22 (b) if brought on or after the effective date of this act would state 23 a cause of action solely because of the amendments to subdivision 1 of 24 section 214-c of the civil practice law and rules set forth in section 25 one of this act, is hereby revived and an action thereon may be EXPLANATION--Matter in italics (underscored) is new; matter in brackets _______ [ ] is old law to be omitted. LBD00348-01-7 S. 1608 2 1 commenced provided such action is commenced within one year from the 2 effective date of this act; provided, however, that this section shall 3 not revive any action for damages for a wrongful act, neglect or default 4 causing a decedent's death which was not barred as of the date of the 5 decedent's death and could have been brought pursuant to section 5-4.1 6 of the estates, powers and trusts law, and provided, further that for 7 any revived claim or action, including third party claims and claims for 8 contribution pursuant to article 14 of the civil practice law and rules 9 for which a notice of claim is or would have been required by law as a 10 condition precedent to the claim or action, a notice of claim shall not 11 be required. 12 This section shall not be appl