N.Y. CVP Law § 214-D — New York Code / Act CVP / Article 2 / Section 214-D
Limitations on certain actions against licensed engineers and architects
Status: in_force

§ 214-d. Limitations on certain actions against licensed engineers and\narchitects. 1. Any person asserting a claim for personal injury,\nwrongful death or property damage, or a cross or third-party claim for\ncontribution or indemnification arising out of an action for personal\ninjury, wrongful death or property damage, against a licensed architect,\nengineer, land surveyor or landscape architect or against a partnership,\nprofessional corporation or limited liability company lawfully\npracticing architecture, engineering, land surveying or landscape\narchitecture which is based upon the professional performance, conduct\nor omission by such licensed architect, engineer, land surveyor or\nlandscape architect or such firm occurring more than ten years prior to\nthe date of such claim, shall give written notice of such claim to each\nsuch architect, engineer, land surveyor or landscape architect or such\nfirm at least ninety days before the commencement of any action or\nproceeding against such licensed architect, engineer, land surveyor or\nlandscape architect or such firm including any cross or third-party\naction or claim. The notice of claim shall identify the performance,\nconduct or omissions complained of, on information and belief, and shall\ninclude a request for  general and special damages.  Service of such\nwritten notice of claim may be made by any of the methods permitted for\npersonal service of a summons upon a natural person, partnership or\nprofessional corporation. A notice of claim served in accordance with\nthis section shall be filed, together with proof of service thereof, in\nany court of this state in which an action, proceeding or cross or\nthird-party claim arising out of such conduct may be commenced or\ninterposed, within thirty days of the service of the notice of claim.\nUpon the filing of any such notice of claim, a county clerk shall\ncollect an index number fee in accordance with section eight thousand\neighteen of this chapter and an index number shall be assigned.\n  2. In such pleadings as are subsequently filed in any court, each\nparty shall represent that it has fully complied with the provisions of\nthis section.\n  3. Service of a notice as provided in this section shall toll the\napplicable statute of limitations to and including a period of one\nhundred twenty days following such service.\n  4. From and after the date of service of the notice provided for in\nsubdivision one of this section, the claimant shall have the right to\nserve a demand for discovery and production of documents and things for\ninspection, testing, copying or photographing in accordance with rule\nthree thousand one hundred twenty of this chapter. Such demand shall be\ngoverned by the procedures of article thirty-one of this chapter. In\naddition, the claimant shall have the right to the examination before\ntrial of such licensed architect, engineer, land surveyor or landscape\narchitect or such firm or to serve written interrogatories upon such\nlicensed architect, engineer, land surveyor or landscape architect or\nsuch firm after service of and compliance with a demand for production\nand inspection in accordance with this section. The court may, at any\ntime at its own initiative or on motion of such licensed architect,\nengineer, land surveyor or landscape architect or such firm deny, limit,\ncondition or restrict such examination before trial or written\ninterrogatories upon a showing that such claimant has failed to\nestablish reasonable necessity for the information sought or failed to\nestablish that the information sought by such examination or\ninterrogatories cannot reasonably be determined from the documents or\nthings provided in response to a demand for production and inspection\nserved in accordance with this section. Such examination before trial or\ninterrogatories shall otherwise be governed by article thirty-one of\nthis chapter.\n  5. After the expiration of ninety days from service of the notice\nprovided in subdivision one of this section, the claimant may commence\nor interpose an action, proceeding or cross or third-party claim against\nsuch licensed architect, engineer, land surveyor or landscape architect\nor such firm. The action shall proceed in every respect as if the action\nwere one brought on account of conduct occurring less than ten years\nprior to the claim described in said action, unless the defendant\narchitect, engineer, land surveyor or landscape architect or such firm\nshall have made a motion under rule three thousand two hundred eleven or\nthree thousand two hundred twelve of this chapter, in which event the\naction shall be stayed pending determination of the motion. Such motion\nshall be granted upon a showing that such claimant has failed to comply\nwith the notice of claim requirements of this section or for the reasons\nset forth in subdivision (h) of rule three thousand two hundred eleven\nor subdivision (i) of rule three thousand two hundred twelve of this\nchapter; provided, however, such motion shall not be granted if the\nmoving party is in default of any disclosure obligation as set forth in\nsubdivision four of this section.\n  6. No claim for personal injury, or wrongful death or property damage,\nor a cross or third-party claim for contribution or indemnification\narising out of an action for personal injury, wrongful death or property\ndamage may be asserted against a licensed architect, engineer, land\nsurveyor or landscape architect or such firm arising out of conduct by\nsuch licensed architect, engineer, land surveyor or landscape architect\nor such firm occurring more than ten years prior to the accrual of such\nclaim shall be commenced or interposed against any such licensed\narchitect, engineer, land surveyor or landscape architect or such firm\nunless it shall appear by and as an allegation in the complaint or\nnecessary moving papers that the claimant has complied with the\nrequirements of this section. Upon the commencement of such a proceeding\nor action or interposition of such cross or third-party claim, a county\nclerk shall not be entitled to collect an index number fee and such\naction, proceeding or cross or third-party claim shall retain the\npreviously assigned index number.  Such action, proceeding or cross or\nthird-party claim shall otherwise be governed by the provisions of this\nchapter.\n  7. The provisions of this section shall apply only to a licensed\narchitect, engineer, land surveyor or landscape architect or such firm\npracticing architecture, engineering, land surveying or landscape\narchitecture in the state of New York at the time the conduct complained\nof occurred and shall not apply to any person or entity, including but\nnot limited to corporations, which was not licensed as an architect,\nengineer, land surveyor or landscape architect or such firm in this\nstate or to a firm not lawfully practicing architecture, engineering,\nland surveying or landscape architecture at the time the conduct\ncomplained of occurred.\n  8. The provisions of this section shall not be construed to in any way\nalter or extend any applicable statutes of limitations except as\nexpressly provided herein.\n