N.Y. CPLR § 214-D

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 214-D Limitations on certain actions against licensed engineers andarchitects. 1 § 214-d. Limitations on certain actions against licensed engineers andarchitects. 1. Any person asserting a claim for personal injury,wrongful death or property damage, or a cross or third-party claim forcontribution or indemnification arising out of an action for personalinjury, wrongful death or property damage, against a licensed architect,engineer, land surveyor or landscape architect or against a partnership,professional corporation or limited liability company lawfullypracticing architecture, engineering, land surveying or landscapearchitecture which is based upon the professional performance, conduct oromission by such licensed architect, engineer, land surveyor orlandscape architect or such firm occurring more than ten years prior tothe date of such claim, shall give written notice of such claim to eachsuch architect, engineer, land surveyor or landscape architect or suchfirm at least ninety days before the commencement of any action orproceeding against such licensed architect, engineer, land surveyor orlandscape architect or such firm including any cross or third-partyaction or claim. The notice of claim shall identify the performance,conduct or omissions complained of, on information and belief, and shallinclude a request for general and special damages. Service of suchwritten notice of claim may be made by any of the methods permitted forpersonal service of a summons upon a natural person, partnership orprofessional corporation. A notice of claim served in accordance withthis section shall be filed, together with proof of service thereof, inany court of this state in which an action, proceeding or cross orthird-party claim arising out of such conduct may be commenced ion shall be filed, together with proof of service thereof, inany court of this state in which an action, proceeding or cross orthird-party claim arising out of such conduct may be commenced orinterposed, within thirty days of the service of the notice of claim.Upon the filing of any such notice of claim, a county clerk shallcollect an index number fee in accordance with section eight thousandeighteen of this chapter and an index number shall be assigned.2. In such pleadings as are subsequently filed in any court, eachparty shall represent that it has fully complied with the provisions ofthis section.3. Service of a notice as provided in this section shall toll theapplicable statute of limitations to and including a period of onehundred twenty days following such service.4. From and after the date of service of the notice provided for insubdivision one of this section, the claimant shall have the right toserve a demand for discovery and production of documents and things forinspection, testing, copying or photographing in accordance with rulethree thousand one hundred twenty of this chapter. Such demand shall begoverned by the procedures of article thirty-one of this chapter. Inaddition, the claimant shall have the right to the examination beforetrial of such licensed architect, engineer, land surveyor or landscapearchitect or such firm or to serve written interrogatories upon suchlicensed architect, engineer, land surveyor or landscape architect orsuch firm after service of and compliance with a demand for productionand inspection in accordance with this section. The court may, at anytime at its own initiative or on motion of such licensed architect,engineer, land surveyor or landscape architect or such firm deny, limit,condition or restrict such examination before trial or writteninterrogatories upon a showing that such claimant has failed toestablish reasonable necessity for the or such firm deny, limit,condition or restrict such examination before trial or writteninterrogatories upon a showing that such claimant has failed toestablish reasonable necessity for the information sought or failed toestablish that the information sought by such examination orinterrogatories cannot reasonably be determined from the documents orthings provided in response to a demand for production and inspectionserved in accordance with this section. Such examination before trial orinterrogatories shall otherwise be governed by article thirty-one ofthis chapter.5. After the expiration of ninety days from service of the noticeprovided in subdivision one of this section, the claimant may commenceor interpose an action, proceeding or cross or third-party claim againstsuch licensed architect, engineer, land surveyor or landscape architector such firm. The action shall proceed in every respect as if the actionwere one brought on account of conduct occurring less than ten yearsprior to the claim described in said action, unless the defendantarchitect, engineer, land surveyor or landscape architect or such firmshall have made a motion under rule three thousand two hundred eleven orthree thousand two hundred twelve of this chapter, in which event theaction shall be stayed pending --- NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only determination of the motion. Such motionshall be granted upon a showing that such claimant has failed to complywith the notice of claim requirements of this section or for the reasonsset forth in subdivision (h) of rule three thousand two hundred elevenor subdivision (i) of rule three thousand two hundred twelve of thischapter; provided, however, such motion shall not be granted if themoving party is in default of any disclosure obligation as set forth insubdivision four of this section.6. No claim of thischapter; provided, however, such motion shall not be granted if themoving party is in default of any disclosure obligation as set forth insubdivision four of this section.6. No claim for personal injury, or wrongful death or property damage,or a cross or third-party claim for contribution or indemnificationarising out of an action for personal injury, wrongful death or propertydamage may be asserted against a licensed architect, engineer, landsurveyor or landscape architect or such firm arising out of conduct bysuch licensed architect, engineer, land surveyor or landscape architector such firm occurring more than ten years prior to the accrual of suchclaim shall be commenced or interposed against any such licensedarchitect, engineer, land surveyor or landscape architect or such firmunless it shall appear by and as an allegation in the complaint ornecessary moving papers that the claimant has complied with therequirements of this section. Upon the commencement of such a proceedingor action or interposition of such cross or third-party claim, a countyclerk shall not be entitled to collect an index number fee and suchaction, proceeding or cross or third-party claim shall retain thepreviously assigned index number. Such action, proceeding or cross orthird-party claim shall otherwise be governed by the provisions of thischapter.7. The provisions of this section shall apply only to a licensedarchitect, engineer, land surveyor or landscape architect or such firmpracticing architecture, engineering, land surveying or landscapearchitecture in the state of New York at the time the conduct complainedof occurred and shall not apply to any person or entity, including butnot limited to corporations, which was not licensed as an architect,engineer, land surveyor or landscape architect or such firm in thisstate or to a firm not lawfully practicing architecture, engineering,land surveying or , which was not licensed as an architect,engineer, land surveyor or landscape architect or such firm in thisstate or to a firm not lawfully practicing architecture, engineering,land surveying or landscape architecture at the time the conductcomplained of occurred.8. The provisions of this section shall not be construed to in any wayalter or extend any applicable statutes of limitations except asexpressly provided herein. CPLR § 214-D Page 2