N.Y. CPLR § 214-G

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 214-G Certain child sexual abuse cases § 214-g. Certain child sexual abuse cases. Notwithstanding anyprovision of law which imposes a period of limitation to the contraryand the provisions of any other law pertaining to the filing of a noticeof claim or a notice of intention to file a claim as a conditionprecedent to commencement of an action or special proceeding, everycivil claim or cause of action brought against any party allegingintentional or negligent acts or omissions by a person for physical,psychological, or other injury or condition suffered as a result ofconduct which would constitute a sexual offense as defined in articleone hundred thirty of the penal law committed against a child less thaneighteen years of age, incest as defined in section 255.27, 255.26 or255.25 of the penal law committed against a child less than eighteenyears of age, or the use of a child in a sexual performance as definedin section 263.05 of the penal law, or a predecessor statute thatprohibited such conduct at the time of the act, which conduct wascommitted against a child less than eighteen years of age, which isbarred as of the effective date of this section because the applicableperiod of limitation has expired, and/or the plaintiff previously failedto file a notice of claim or a notice of intention to file a claim, ishereby revived, and action thereon may be commenced not earlier than sixmonths after, and not later than two years and six months after theeffective date of this section. In any such claim or action: (a) inaddition to any other defense and affirmative defense that may beavailable in accordance with law, rule or the common law, to the extentthat the acts alleged in such action are of the type described insubdivision one of section 130.30 of the penal law o beavailable in accordance with law, rule or the common law, to the extentthat the acts alleged in such action are of the type described insubdivision one of section 130.30 of the penal law or subdivision one ofsection 130.45 of the penal law, the affirmative defenses set forth,respectively, in the closing paragraph of such sections of the penal lawshall apply; and (b) dismissal of a previous action, ordered before theeffective date of this section, on grounds that such previous action wastime barred, and/or for failure of a party to file a notice of claim ora notice of intention to file a claim, shall not be grounds fordismissal of a revival action pursuant to this section.