S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  233--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. L. ROSENTHAL, NIOU, SEAWRIGHT, GOTTFRIED, GALEF,
   CRUZ,    EPSTEIN,    JACOBSON,    QUART,    PAULIN,    GONZALEZ-ROJAS,
   BICHOTTE HERMELYN,  MAMDANI -- 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
   statute of limitations for actions based upon unlawful  discriminatory
   practice in employment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The section heading and subdivisions 7, 8 and 9 of  section
 213  of the civil practice law and rules, the section heading as amended
 and subdivision 7 as renumbered by chapter  43  of  the  laws  of  1975,
 subdivision  7 as amended by chapter 532 of the laws of 1963, and subdi-
 vision 8 as amended by chapter 403 of the laws of 2004, and  subdivision
 9  as  added  by  chapter  184 of the laws of 2019 are amended and a new
 subdivision 10 is added to read as follows:
   Actions to be commenced within six years: where not otherwise provided
 for; on contract; on sealed instrument; on bond or  note,  and  mortgage
 upon real property; by state based on misappropriation of public proper-
 ty; based on mistake; by corporation against director, officer or stock-
 holder;  based  on fraud; BASED UPON UNLAWFUL DISCRIMINATORY PRACTICE IN
 EMPLOYMENT.
   7. an action by or on behalf of a corporation  against  a  present  or
 former director, officer or stockholder for an accounting, or to procure
 a judgment on the ground of fraud, or to enforce a liability, penalty or
 forfeiture, or to recover damages for waste or for an injury to property
 or for an accounting in conjunction therewith[.];
   8.  an  action based upon fraud; the time within which the action must
 be commenced shall be the greater of six years from the date  the  cause
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00329-03-1

 A. 233--A                           2
 
 of action accrued or two years from the time the plaintiff or the person
 under  whom  the  plaintiff  claims  discovered the fraud, or could with
 reasonable diligence have discovered it[.];
   9.   an   action   by   the   attorney  general  pursuant  to  article
 twenty-three-A of the general business  law  or  subdivision  twelve  of
 section sixty-three of the executive law[.];
   10.  AN  ACTION BASED UPON UNLAWFUL DISCRIMINATORY PRACTICE IN EMPLOY-
 MENT PURSUANT TO ARTICLE FIFTEEN OF THE EXECUTIVE LAW.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.