N.Y. Civil Practice Law & Rules Section 214-C
Certain actions to be commenced within three years of discovery


1.

In this section: “exposure” means direct or indirect exposure by absorption, contact, ingestion, inhalation, implantation or injection.

2.

Notwithstanding the provisions of section 214, the three year period within which an action to recover damages for personal injury or injury to property caused by the latent effects of exposure to any substance or combination of substances, in any form, upon or within the body or upon or within property must be commenced shall be computed from the date of discovery of the injury by the plaintiff or from the date when through the exercise of reasonable diligence such injury should have been discovered by the plaintiff, whichever is earlier.

3.

For the purposes of sections fifty-e and fifty-i of the general municipal law, Education Law § 3813 (Presentation of claims against the governing body of any school district or certain state supported schools)section thirty-eight hundred thirteen of the education law and the provisions of any general, special or local law or charter requiring as a condition precedent to commencement of an action or special proceeding that a notice of claim be filed or presented within a specified period of time after the claim or action accrued, a claim or action for personal injury or injury to property caused by the latent effects of exposure to any substance or combination of substances, in any form, upon or within the body or upon or within property shall be deemed to have accrued on the date of discovery of the injury by the plaintiff or on the date when through the exercise of reasonable diligence the injury should have been discovered, whichever is earlier.

4.

Notwithstanding the provisions of subdivisions two and three of this section, where the discovery of the cause of the injury is alleged to have occurred less than five years after discovery of the injury or when with reasonable diligence such injury should have been discovered, whichever is earlier, an action may be commenced or a claim filed within one year of such discovery of the cause of the injury; provided, however, if any such action is commenced or claim filed after the period in which it would otherwise have been authorized pursuant to subdivision two or three of this section the plaintiff or claimant shall be required to allege and prove that technical, scientific or medical knowledge and information sufficient to ascertain the cause of his injury had not been discovered, identified or determined prior to the expiration of the period within which the action or claim would have been authorized and that he has otherwise satisfied the requirements of subdivisions two and three of this section.

5.

This section shall not be applicable to any action for medical or dental malpractice.

6.

This section shall be applicable to acts, omissions or failures occurring prior to, on or after July first, nineteen hundred eighty-six, except that this section shall not be applicable to any act, omission or failure:

(a)

which occurred prior to July first, nineteen hundred eighty-six, and

(b)

which caused or contributed to an injury that either was discovered or through the exercise of reasonable diligence should have been discovered prior to such date, and

(c)

an action for which was or would have been barred because the applicable period of limitation had expired prior to such date.

Source: Section 214-C — Certain actions to be commenced within three years of discovery, https://www.­nysenate.­gov/legislation/laws/CVP/214-C (updated Sep. 22, 2014; accessed Oct. 26, 2024).

201
Application of article
202
Cause of action accruing without the state
203
Method of computing periods of limitation generally
204
Stay of commencement of action
205
Termination of action
205‑A
Termination of certain actions related to real property
206
Computing periods of limitation in particular actions
207
Defendant’s absence from state or residence under false name
208
Infancy, insanity
209
War
210
Death of claimant or person liable
211
Actions to be commenced within twenty years
212
Actions to be commenced within ten or fifteen years
213
Actions to be commenced within six years: where not otherwise provided for
213‑A
Residential rent overcharge
213‑B
Action by a victim of a criminal offense
213‑C
Action by victim of conduct constituting certain sexual offenses
213‑D
Actions to be commenced within three years
214
Actions to be commenced within three years: for non-payment of money collected on execution
214‑A
Action for medical, dental or podiatric malpractice to be commenced within two years and six months
214‑B
Action to recover damages for personal injury caused by contact with or exposure to phenoxy herbicides
214‑C
Certain actions to be commenced within three years of discovery
214‑D
Limitations on certain actions against licensed engineers and architects
214‑E
Action to recover damages for personal injury caused by the infusion of such blood products which result in the contraction of the human ...
214‑F
Action to recover damages for personal injury caused by contact with or exposure to any substance or combination of substances found with...
214‑G
Certain child sexual abuse cases
214‑H
Certain actions by public water suppliers to recover damages for injury to property
214‑I
Certain actions arising out of consumer credit transactions to be commenced within three years
214‑I*2
Action to recover damages for personal injury caused by contact with or exposure to toxic burn pits
214‑J
Certain sexual offense actions
215
Actions to be commenced within one year: against sheriff, coroner or constable
216
Abbreviation of period to one year after notice
217
Proceeding against body or officer
217‑A
Actions to be commenced within one year and ninety days
218
Transitional provisions

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 214-C’s source at nysenate​.gov

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