Establishes the toxic victim justice act to extend the time frame to commence an action for certain victims who were exposed to a toxic substance; repealer

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          7333

                               2025-2026 Regular Sessions

                                    I N  S E N A T E

                                     April 10, 2025
                                       ___________

        Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary

        AN ACT to amend the civil practice law and rules,  in  relation  to  the
          time  frame to commence an action for certain victims who were exposed
          to a toxic substance; and to repeal certain  provisions  of  such  law
          relating thereto

          THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
        BLY, DO ENACT AS FOLLOWS:

     1    Section 1. This act shall be known and may  be  cited  as  the  "toxic
     2  victim justice act".
     3    §  2.  Subdivision  2  of  section 214-c of the civil practice law and
     4  rules, as added by chapter 682 of the laws of 1986, is amended  to  read
     5  as follows:
     6    2.  Notwithstanding  the provisions of section [214] TWO HUNDRED FOUR-
     7  TEEN OF THIS ARTICLE, the three year period within which  an  action  to
     8  recover  damages for personal injury or injury to property caused by the
     9  latent  effects  of  exposure  to  any  substance  or   combination   of
    10  substances, in any form, upon or within the body or upon or within prop-
    11  erty  must  be commenced shall be computed from the date of discovery of
    12  the injury by the plaintiff, WHICH IS PRESUMED TO BE THE DATE THE  DIAG-
    13  NOSIS  WAS  CONVEYED TO THE PLAINTIFF OR CLAIMANT, or from the date when
    14  through the exercise of reasonable diligence  such  injury  should  have
    15  been discovered by the plaintiff, whichever is earlier.
    16    §  3.  Subdivision  4  of  section 214-c of the civil practice law and
    17  rules is REPEALED and a new subdivision 4 is added to read as follows:
    18    4. (A) A PLAINTIFF OR CLAIMANT WHO DISCOVERS AN  INJURY  DESCRIBED  IN
    19  SUBDIVISION  TWO  OF  THIS  SECTION,  WITHOUT KNOWING THE SPECIFIC TOXIC
    20  ETIOLOGICAL CAUSE OR SOURCE OF  THE  INJURY,  MAY,  WHEN  OTHERWISE  NOT
    21  AUTHORIZED  BY THE TIME PERIOD AUTHORIZED BY SUBDIVISION TWO OR THREE OF
    22  THIS SECTION, COMMENCE AN ACTION OR FILE  A  CLAIM  ONE  YEAR  FROM  THE
    23  EARLIER  OF: (I) THE DATE THE PLAINTIFF OR CLAIMANT SUBSEQUENTLY DISCOV-

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11621-01-5
        S. 7333                             2

     1  ERS THE SPECIFIC TOXIC ETIOLOGICAL CAUSE OR SOURCE  OF  THE  INJURY,  OR
     2  (II) THE DATE THE PLAINTIFF OR CLAIMANT WITH REASONABLE DILIGENCE SHOULD
     3  HAVE DISCOVERED THE CAUSE OR SOURCE OF THE INJURY.
     4    (B)  A  PLAINTIFF  OR CLAIMANT FILING A CLAIM OR CAUSE OF ACTION AFTER
     5  THE TIME PERIOD AUTHORIZED BY SUBDIVISION TWO OR THREE OF  THIS  SECTION
     6  SHALL,  IN ADDITION TO SATISFYING ANY OTHER REQUIREMENTS OF THOSE SUBDI-
     7  VISIONS, ALLEGE AND PROVE EITHER  THAT:  (I)  TECHNICAL,  SCIENTIFIC  OR
     8  MEDICAL  KNOWLEDGE  AND INFORMATION SUFFICIENT TO ASCERTAIN THE CAUSE OR
     9  SOURCE OF THE INJURY HAD NOT BEEN DISCOVERED, IDENTIFIED OR  DETERMINED,
    10  OR THAT (II) AFTER DILIGENT EFFORT THE CAUSE OR SOURCE OF THE INJURY WAS
    11  NOT KNOWN TO THE PLAINTIFF OR CLAIMANT PRIOR TO SUCH PERIOD.
    12    § 4. This act shall take effect immediately.