N.Y. CPLR § 214-C

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 214-C Certain actions to be commenced within three years ofdiscovery. 1 § 214-c. Certain actions to be commenced within three years ofdiscovery. 1. In this section: "exposure" means direct or indirectexposure by absorption, contact, ingestion, inhalation, implantation orinjection.2. Notwithstanding the provisions of section 214, the three yearperiod within which an action to recover damages for personal injury orinjury to property caused by the latent effects of exposure to anysubstance or combination of substances, in any form, upon or within thebody or upon or within property must be commenced shall be computed fromthe date of discovery of the injury by the plaintiff or from the datewhen through the exercise of reasonable diligence such injury shouldhave been discovered by the plaintiff, whichever is earlier.3. For the purposes of sections fifty-e and fifty-i of the generalmunicipal law, section thirty-eight hundred thirteen of the educationlaw and the provisions of any general, special or local law or charterrequiring as a condition precedent to commencement of an action orspecial proceeding that a notice of claim be filed or presented within aspecified period of time after the claim or action accrued, a claim oraction for personal injury or injury to property caused by the latenteffects of exposure to any substance or combination of substances, inany form, upon or within the body or upon or within property shall bedeemed to have accrued on the date of discovery of the injury by theplaintiff or on the date when through the exercise of reasonablediligence the injury should have been discovered, whichever is earlier.4. Notwithstanding the provisions of subdivisions two and three ofthis section, where the discovery of the cause of the injury is allegedto h hould have been discovered, whichever is earlier.4. Notwithstanding the provisions of subdivisions two and three ofthis section, where the discovery of the cause of the injury is allegedto have occurred less than five years after discovery of the injury orwhen with reasonable diligence such injury should have been discovered,whichever is earlier, an action may be commenced or a claim filed withinone year of such discovery of the cause of the injury; provided,however, if any such action is commenced or claim filed after the periodin which it would otherwise have been authorized pursuant to subdivisiontwo or three of this section the plaintiff or claimant shall be requiredto allege and prove that technical, scientific or medical knowledge andinformation sufficient to ascertain the cause of his injury had not beendiscovered, identified or determined prior to the expiration of theperiod within which the action or claim would have been authorized andthat he has otherwise satisfied the requirements of subdivisions two andthree of this section.5. This section shall not be applicable to any action for medical ordental malpractice.6. This section shall be applicable to acts, omissions or failuresoccurring prior to, on or after July first, nineteen hundred eighty-six,except that this section shall not be applicable to any act, omission orfailure:(a) which occurred prior to July first, nineteen hundred eighty-six,and(b) which caused or contributed to an injury that either wasdiscovered or through the exercise of reasonable diligence should havebeen discovered prior to such date, and(c) an action for which was or would have been barred because theapplicable period of limitation had expired prior to such date.