Senate Bill S6824

Signed By Governor
2015-2016 Legislative Session

Relates to the tolling of the statute of limitations relating to personal injury caused by contact with ground water contaminated by substances, compounds or toxins

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A9568 - 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

2015-S6824 - Details

See Assembly Version of this Bill:
A9568
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §214-f, CPLR

2015-S6824 - 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-S6824 - Sponsor Memo

2015-S6824 - Bill Text download pdf 

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

                                  6824

                            I N  S E N A T E

                            February 25, 2016
                               ___________

Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
  printed to be committed 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

2015-S6824A (ACTIVE) - Details

See Assembly Version of this Bill:
A9568
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §214-f, CPLR

2015-S6824A (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-S6824A (ACTIVE) - Sponsor Memo

2015-S6824A (ACTIVE) - Bill Text download pdf 

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

                                 6824--A

                            I N  S E N A T E

                            February 25, 2016
                               ___________

Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
  printed  to  be  committed  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.
                                                           LBD14332-03-6

co-Sponsors

2015-S6824B - Details

See Assembly Version of this Bill:
A9568
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §214-f, CPLR

2015-S6824B - 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-S6824B - Bill Text download pdf 

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

                                 6824--B

                            I N  S E N A T E

                            February 25, 2016
                               ___________

Introduced  by Sens. MARCHIONE, AKSHAR, DeFRANCISCO, KRUEGER, LATIMER --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Judiciary  --  committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  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  ground  water  contaminated  by
  substances, compounds or toxins

  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 GROUND WATER CONTAMINATED BY SUBSTANCES,
COMPOUNDS OR TOXINS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE
CONTRARY,  AN  ACTION  TO  RECOVER DAMAGES FOR PERSONAL INJURY CAUSED BY
CONTACT WITH OR EXPOSURE TO GROUND WATER  CONTAMINATED  BY  IDENTIFIABLE
SUBSTANCE  OR  SUBSTANCES, COMPOUND OR COMPOUNDS, OR TOXIN OR TOXINS MAY
BE COMMENCED WITHIN THIRTY MONTHS OR TWO YEARS AND SIX MONTHS  FROM  THE
DATE  OF THE DISCOVERY OF SUCH INJURY, OR WITHIN TWO YEARS FROM THE DATE
WHEN THROUGH THE EXERCISE OR REASONABLE  DILIGENCE  THE  CAUSE  OF  SUCH
INJURY SHOULD HAVE BEEN DISCOVERED, WHICHEVER IS LATER.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14332-04-6

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