Section 2704. Rights of action  


Latest version.
  • (a) Notwithstanding any law or agreement
      among the parties to an insurance policy to  the  contrary,  any  action
      arising  from  an  occurrence  during  the period between January first,
      nineteen hundred twenty-nine and December thirty-first, nineteen hundred
      forty-five  brought  by  a  Holocaust  victim  seeking  proceeds  of  an
      insurance  policy  issued  to  or  covering  the  life  or property of a
      Holocaust  victim  prior  to  December  thirty-first,  nineteen  hundred
      forty-five,  shall  not  be  dismissed  for  failure  to comply with any
      statute of limitations or laches  or  other  similar  provision  of  any
      applicable  law  relating to the timeliness of the filing of claims that
      might prevent a claim from being heard on  its  merits,  or  any  notice
      requirements  imposed  by  any  insurance  policy provided the action is
      commenced within ten years from the effective date of this article.
        (b) With respect to any action arising from an occurrence  during  the
      period  between January first, nineteen hundred twenty-nine and December
      thirty-first, nineteen hundred forty-five brought by a Holocaust  victim
      seeking  proceeds  of an insurance policy issued to or covering the life
      or property of  a  Holocaust  victim  prior  to  December  thirty-first,
      nineteen  hundred forty-five no such action shall be stayed or dismissed
      pursuant to rule three hundred twenty-seven of the  civil  practice  law
      and rules.
        (c)   In recognition of the significant period of time that has passed
      and in order to effect the  goals  of  substantial  justice,  the  rules
      regarding  the  admissibility  of evidence, including but not limited to
      rule forty-five hundred eighteen and section forty-five hundred nineteen
      of the civil practice law and rules, and  principles  of  law  or  other
      rules  relating to the admission of hearsay evidence shall be relaxed at
      the discretion of the trial judge in any action or proceeding authorized
      by this section.