S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    65
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced   by   M.   of  A.  L. ROSENTHAL,  SEAWRIGHT,  CRUZ,  PAULIN,
   BICHOTTE HERMELYN, SIMON, KELLES, GONZALEZ-ROJAS,  EPSTEIN,  JACOBSON,
   DINOWITZ,  MAMDANI -- read once and referred to the Committee on Judi-
   ciary
 
 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
 of action accrued or two years from the time the plaintiff or the person

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

                                                            LBD00025-01-3
 A. 65                               2
 
 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.