Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 25, 2016 |
amended on third reading (t) 285a |
Jan 06, 2016 |
ordered to third reading cal.20 returned to assembly died in senate |
Jun 10, 2015 |
referred to codes delivered to senate passed assembly |
Jun 08, 2015 |
ordered to third reading rules cal.45 rules report cal.45 reported |
Jun 02, 2015 |
reported referred to rules |
Jan 07, 2015 |
referred to codes |
Assembly Bill A285A
2015-2016 Legislative Session
Sponsored By
WEINSTEIN
Archive: Last Bill Status - On Floor Calendar
- 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
Actions
Bill Amendments
co-Sponsors
Richard Gottfried
N. Nick Perry
Ellen C. Jaffee
Phillip Goldfeder
multi-Sponsors
Edward Braunstein
David Buchwald
Steven Cymbrowitz
Maritza Davila
2015-A285 - Details
2015-A285 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 285 2015-2016 Regular Sessions I N A S S E M B L Y (PREFILED) January 7, 2015 ___________ Introduced by M. of A. WEINSTEIN, GOTTFRIED, PERRY, JAFFEE, GOLDFEDER, MARKEY, TITONE, MOYA, BRINDISI, ROSENTHAL, BENEDETTO, STECK, THIELE, ABINANTI, PAULIN -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, BUCHWALD, CYMBROWITZ, TITUS, WRIGHT -- read once and referred to the Committee on Codes 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 BEGIN 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 GAVE 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 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
Richard Gottfried
N. Nick Perry
Ellen C. Jaffee
Margaret Markey
multi-Sponsors
Edward Braunstein
David Buchwald
Ron Castorina Jr.
Steven Cymbrowitz
2015-A285A (ACTIVE) - Details
2015-A285A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 285--A Cal. No. 20 2015-2016 Regular Sessions I N A S S E M B L Y (PREFILED) January 7, 2015 ___________ Introduced by M. of A. WEINSTEIN, GOTTFRIED, PERRY, JAFFEE, GOLDFEDER, MARKEY, TITONE, MOYA, BRINDISI, ROSENTHAL, BENEDETTO, STECK, THIELE, ABINANTI, PAULIN, HOOPER, BRONSON, WEPRIN, SIMANOWITZ, MILLER, AUBRY, LIFTON, RUSSELL, CLARK, WALKER, RYAN, DINOWITZ -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, BUCHWALD, CYMBROWITZ, DAVILA, TITUS, WRIGHT -- read once and referred to the Committee on Codes -- 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 causes of action for medical, dental and podiatric malpractice 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 AN ACTION OR PROCEEDING OR TO FILE SUCH NOTICE OF CLAIM FOR MEDICAL, DENTAL OR PODIATRIC MALPRACTICE SHALL NOT BEGIN 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 GAVE RISE TO THE ACCRUAL OF AN ACTION. HOWEVER, SUCH ACTION SHALL COMMENCE NO LATER THAN TEN YEARS FROM THE ACT, OMISSION OR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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