S T A T E   O F   N E W   Y O R K                   
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                                         7118                                  
                                                                               
                              1999-2000 Regular Sessions                       
                                                                               
                                 I N  A S S E M B L Y                          
                                                                               
                                    March 23, 1999                             
                                      ___________                              
                                                                               
       Introduced by M. of A. KAUFMAN, BEA, SIDIKMAN, SEDDIO -- Multi-Sponsored
         by  -- M. of A.  BOYLAND, CLARK, COOK, GLICK, GOTTFRIED, JACOBS, JOHN,
         LAFAYETTE, MAYERSOHN -- read once and referred  to  the  Committee  on
         Codes                                                                 
                                                                               
       AN  ACT  to  amend  the civil practice law and rules, in relation to the
         infancy toll of a statute of limitations                              
                                                                               
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:                                               
                                                                               
    1    Section 1. Section 208 of the civil practice law and rules, as amended
    2  by chapter 485 of the laws of 1986, is amended to read as follows:      
    3    S  208.  Infancy, insanity. If a person entitled to commence an action
    4  is {under a disability because of infancy or insanity}, at the time  the
    5  cause  of action accrues, UNDER THE AGE OF EIGHTEEN YEARS OR INSANE, and
    6  the time otherwise limited for commencing the action is three  years  or
    7  more  and expires no later than three years after the disability ceases,
    8  or the person under the disability  dies,  the  time  within  which  the
    9  action  must  be  commenced  shall  be extended to three years after the
   10  disability ceases or the person under  the  disability  dies,  whichever
   11  event  first  occurs;  if  the time otherwise limited is less than three
   12  years, the time shall be extended by the period of disability. The  time
   13  within  which the action must be commenced shall not be extended by this
   14  provision beyond ten years after the cause of action accrues, except, in
   15  any action other than for  medical,  dental  or  podiatric  malpractice,
   16  where  the  person  was  under  {a disability due to infancy} THE AGE OF
   17  EIGHTEEN YEARS. This section shall not apply to an action to  recover  a
   18  penalty  or  forfeiture,  or  against  a sheriff or other officer for an
   19  escape.                                                                 
   20    S 2. This act shall take effect immediately and  shall  apply  to  all
   21  actions pending or commenced on or after its effective date.            
                                                                               
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             { } is old law to be omitted.                     
                                                                  LBD09545-01-9
.SO DOC A 7118          *END*                    BTXT                 1999     

Bill A07118
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