Section 214-C. Certain actions to be commenced within three years of discovery  


Latest version.
  • 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,  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.