S T A T E   O F   N E W   Y O R K
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                                 1056--A
                                                        Cal. No. 552

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  WEINSTEIN, GOTTFRIED, HOOPER, PAULIN, PERRY,
  JAFFEE, WEPRIN, GOLDFEDER, MARKEY,  TITONE,  MOSLEY,  MOYA,  BRINDISI,
  STIRPE,  ROSENTHAL,  BORELLI, BENEDETTO, STECK, LIFTON, CLARK, THIELE,
  ABINANTI -- Multi-Sponsored by  --  M.  of  A.  BRAUNSTEIN,  BUCHWALD,
  CYMBROWITZ,  ENGLEBRIGHT, JACOBS, MILLMAN, RA, RAIA, SEPULVEDA, TITUS,
  WEISENBERG, WRIGHT -- read once and referred to the Committee on Codes
  -- reported from committee, advanced to a third reading,  amended  and
  ordered reprinted, retaining its place on the order of third reading

AN ACT to amend the civil practice law and rules, in relation to accrual
  of certain causes of action

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph of subdivision (g) of section 203  of
the  civil  practice  law  and rules is designated paragraph 1 and a new
paragraph 2 is added to read as follows:
  2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR THE
PURPOSES OF SECTIONS FIFTY-E AND FIFTY-I OF THE GENERAL  MUNICIPAL  LAW,
SECTION  TEN OF THE COURT OF CLAIMS ACT, AND THE PROVISIONS OF ANY OTHER
LAW PERTAINING TO THE COMMENCEMENT OF AN ACTION OR  SPECIAL  PROCEEDING,
OR  TO  THE  FILING  OF  A  NOTICE  OF CLAIM AS A CONDITION PRECEDENT TO
COMMENCEMENT OF AN ACTION OR SPECIAL PROCEEDING WITHIN A SPECIFIED  TIME
PERIOD,  THE PERIOD IN WHICH TO COMMENCE SUCH ACTION OR PROCEEDING OR TO
FILE SUCH NOTICE OF CLAIM SHALL NOT BEING TO  RUN  UNTIL  THE  LATER  OF
EITHER:  (A)  WHEN  ONE  KNOWS  OR  REASONABLY  SHOULD HAVE KNOWN OF THE
ALLEGED NEGLIGENT ACT OR OMISSION AND KNOWS OR  REASONABLY  SHOULD  HAVE
KNOWN  THAT  SUCH NEGLIGENT ACT OR OMISSION HAS CAUSED AN INJURY; OR (B)
THE DATE OF THE LAST TREATMENT WHERE THERE IS CONTINUOUS  TREATMENT  FOR
THE  SAME ILLNESS, INJURY OR CONDITION WHICH HAVE RISE TO THE ACCRUAL OF
AN ACTION. HOWEVER, SUCH ACTION SHALL COMMENCE NO LATER THAN  TEN  YEARS
FROM  THE ACT, OMISSION OR FAILURE COMPLAINED OF OR LAST TREATMENT WHERE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD01405-08-4

A. 1056--A                          2

THERE IS CONTINUOUS TREATMENT FOR THE SAME ILLNESS, INJURY OR  CONDITION
WHICH GAVE RISE TO THE ACT, OMISSION OR FAILURE; PROVIDED, HOWEVER, THAT
WHERE  THE ACTION IS BASED UPON THE DISCOVERY OF A FOREIGN OBJECT IN THE
BODY  OF  A  PATIENT, THE ACTION MAY BE COMMENCED WITHIN ONE YEAR OF THE
DATE OF SUCH DISCOVERY OR OF THE DATE OF DISCOVERY OF FACTS WHICH  WOULD
REASONABLY LEAD TO SUCH DISCOVERY, WHICHEVER IS EARLIER.
  S  2. Section 214-a of the civil practice law and rules, as amended by
chapter 485 of the laws of 1986, is amended to read as follows:
  S 214-a. Action for medical, dental or  podiatric  malpractice  to  be
commenced  within  two  years  and six months; exceptions. An action for
medical, dental or podiatric malpractice must be  commenced  within  two
years  and six months of the ACCRUAL OF ANY SUCH ACTION.  THE ACCRUAL OF
AN ACTION OCCURS AT THE LATER OF EITHER (A) WHEN ONE KNOWS OR REASONABLY
SHOULD HAVE KNOWN OF THE ALLEGED NEGLIGENT ACT OR OMISSION AND KNOWS  OR
REASONABLY  SHOULD  HAVE  KNOWN  THAT SUCH NEGLIGENT ACT OR OMISSION HAS
CAUSED AN INJURY; OR (B) WITHIN TWO YEARS AND SIX  MONTHS  OF  THE  LAST
TREATMENT  WHERE  THERE  IS  CONTINUOUS  TREATMENT FOR THE SAME ILLNESS,
INJURY OR CONDITION WHICH GAVE RISE TO THE ACCRUAL OF AN ACTION.  HOWEV-
ER,  SUCH  ACTION  SHALL  COMMENCE NO LATER THAN TEN YEARS FROM THE act,
omission or failure complained of  or  last  treatment  where  there  is
continuous  treatment  for  the  same illness, injury or condition which
gave rise to the said act, omission or failure; provided, however,  that
where  the action is based upon the discovery of a foreign object in the
body of the patient, the action may be commenced within one year of  the
date  of such discovery or of the date of discovery of facts which would
reasonably lead to such discovery, whichever is earlier. For the purpose
of this section the term "continuous treatment" shall not include  exam-
inations  undertaken  at the request of the patient for the sole purpose
of ascertaining the state of the patient's condition. For the purpose of
this section the term "foreign object"  shall  not  include  a  chemical
compound, fixation device or prosthetic aid or device.
  S 3. This act shall take effect immediately.