Assembly Bill A9568A

Signed By Governor
2015-2016 Legislative Session

Relates to the tolling of the statute of limitations relating to personal injury caused by contact with superfund site substances

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

multi-Sponsors

2015-A9568 - Details

See Senate Version of this Bill:
S6824
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §214-f, CPLR

2015-A9568 - Summary

Relates to the tolling of the statute of limitations relating to personal injury caused by contact with or exposure to any substance or combination of substances found within an area designated as a superfund site.

2015-A9568 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9568

                          I N  A S S E M B L Y

                             March 17, 2016
                               ___________

Introduced  by  M.  of  A.  McDONALD,  FAHY,  SANTABARBARA, ENGLEBRIGHT,
  LIFTON, MOSLEY, OTIS, SKOUFIS,  THIELE,  TITONE,  BRAUNSTEIN,  CAHILL,
  COOK, GOTTFRIED, McLAUGHLIN, RAIA, PALUMBO -- Multi-Sponsored by -- M.
  of  A.  CERETTO,  RAMOS  -- read once and referred to the Committee on
  Judiciary

AN ACT to amend the civil practice law and rules,  in  relation  to  the
  tolling  of  the  statute  of  limitations relating to personal injury
  caused by contact with or exposure to any substance or combination  of
  substances found within an area designated as a superfund site

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

  Section 1. The civil practice law and rules is amended by adding a new
section 214-f to read as follows:
  S 214-F. ACTION TO RECOVER  DAMAGES  FOR  PERSONAL  INJURY  CAUSED  BY
CONTACT  WITH  OR EXPOSURE TO ANY SUBSTANCE OR COMBINATION OF SUBSTANCES
FOUND WITHIN AN AREA DESIGNATED AS A SUPERFUND SITE. NOTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY, AN ACTION TO RECOVER PERSONAL  DAMAGES
FOR INJURY CAUSED BY CONTACT WITH OR EXPOSURE TO ANY SUBSTANCE OR COMBI-
NATION  OF SUBSTANCES CONTAINED WITHIN AN AREA DESIGNATED AS A SUPERFUND
SITE PURSUANT TO EITHER CHAPTER 103 OF SECTION 42 OF THE  UNITED  STATES
CODE  AND/OR  SECTION 27-1303 OF THE ENVIRONMENTAL CONSERVATION LAW, MAY
BE COMMENCED WITHIN THREE YEARS FROM THE DATE OF THE DISCOVERY  OF  SUCH
INJURY,  OR  THREE  YEARS  FROM  THE  DATE  WHEN THROUGH THE EXERCISE OF
REASONABLE DILIGENCE THE CAUSE OF SUCH INJURY SHOULD HAVE  BEEN  DISCOV-
ERED,  OR  WITHIN  THREE  YEARS OF SUCH DESIGNATION OF SUCH AN AREA AS A
SUPERFUND SITE, WHICHEVER IS LATEST.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14332-01-6

co-Sponsors

multi-Sponsors

2015-A9568A (ACTIVE) - Details

See Senate Version of this Bill:
S6824
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §214-f, CPLR

2015-A9568A (ACTIVE) - Summary

Relates to the tolling of the statute of limitations relating to personal injury caused by contact with or exposure to any substance or combination of substances found within an area designated as a superfund site.

2015-A9568A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9568--A

                          I N  A S S E M B L Y

                             March 17, 2016
                               ___________

Introduced  by  M.  of  A.  McDONALD,  FAHY,  SANTABARBARA, ENGLEBRIGHT,
  LIFTON, MOSLEY, OTIS, SKOUFIS,  THIELE,  TITONE,  BRAUNSTEIN,  CAHILL,
  COOK,  GOTTFRIED,  McLAUGHLIN,  RAIA,  PALUMBO,  ABINANTI,  GUNTHER --
  Multi-Sponsored by -- M.  of A. CERETTO, MARKEY, RAMOS  --  read  once
  and  referred  to  the Committee on Judiciary -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT  to  amend  the civil practice law and rules, in relation to the
  tolling of the statute of  limitations  relating  to  personal  injury
  caused  by contact with or exposure to any substance or combination of
  substances found within an area designated as a superfund site

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

  Section 1. The civil practice law and rules is amended by adding a new
section 214-f to read as follows:
  S  214-F.  ACTION  TO  RECOVER  DAMAGES  FOR PERSONAL INJURY CAUSED BY
CONTACT WITH OR EXPOSURE TO ANY SUBSTANCE OR COMBINATION  OF  SUBSTANCES
FOUND WITHIN AN AREA DESIGNATED AS A SUPERFUND SITE. NOTWITHSTANDING ANY
PROVISION  OF LAW TO THE CONTRARY, AN ACTION TO RECOVER PERSONAL DAMAGES
FOR INJURY CAUSED BY CONTACT WITH OR EXPOSURE TO ANY SUBSTANCE OR COMBI-
NATION OF SUBSTANCES CONTAINED WITHIN AN AREA DESIGNATED AS A  SUPERFUND
SITE  PURSUANT  TO EITHER CHAPTER 103 OF SECTION 42 OF THE UNITED STATES
CODE AND/OR SECTION 27-1303 OF THE ENVIRONMENTAL CONSERVATION  LAW,  MAY
BE  COMMENCED  BY  THE  PLAINTIFF  WITHIN THE PERIOD ALLOWED PURSUANT TO
SECTION TWO HUNDRED FOURTEEN-C OF THIS ARTICLE OR WITHIN THREE YEARS  OF
SUCH  DESIGNATION  OF  SUCH  AN  AREA  AS A SUPERFUND SITE, WHICHEVER IS
LATEST.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14332-02-6

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