S T A T E O F N E W Y O R K
________________________________________________________________________
1340
1999-2000 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 6, 1999
___________
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.
LBD01842-01-9
.SO DOC A 1340 *END* BTXT 1999
Bill A01340
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