NY CPLR § 214-D (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 2 - Limitations of Time 214-D - Limitations on Certain Actions Against Licensed Engineers and Architects.

§ 214-d. Limitations on certain actions against licensed engineers and   architects.  1.  Any  person  asserting  a  claim  for  personal injury,   wrongful death or property damage, or a cross or third-party  claim  for   contribution  or  indemnification  arising out of an action for personal   injury, wrongful death or property damage, against a licensed architect,   engineer, land surveyor or landscape architect or against a partnership,   professional  corporation  or   limited   liability   company   lawfully   practicing   architecture,  engineering,  land  surveying  or  landscape   architecture which is based upon the professional  performance,  conduct   or  omission  by  such  licensed  architect,  engineer, land surveyor or   landscape architect or such firm occurring more than ten years prior  to   the  date of such claim, shall give written notice of such claim to each   such architect, engineer, land surveyor or landscape architect  or  such   firm  at  least  ninety  days  before  the commencement of any action or   proceeding against such licensed architect, engineer, land  surveyor  or   landscape  architect  or  such  firm  including any cross or third-party   action or claim. The notice of claim  shall  identify  the  performance,   conduct or omissions complained of, on information and belief, and shall   include  a  request  for   general and special damages.  Service of such   written notice of claim may be made by any of the methods permitted  for   personal  service  of  a  summons  upon a natural person, partnership or   professional corporation. A notice of claim served  in  accordance  with   this  section shall be filed, together with proof of service thereof, in   any court of this state in which  an  action,  proceeding  or  cross  or   third-party  claim  arising  out  of  such  conduct  may be commenced or   interposed, within thirty days of the service of the  notice  of  claim.   Upon  the  filing  of  any  such  notice  of claim, a county clerk shall   collect an index number fee in accordance with  section  eight  thousand   eighteen of this chapter and an index number shall be assigned.2.  In  such  pleadings  as  are subsequently filed in any court, each   party shall represent that it has fully complied with the provisions  of   this section.3.  Service  of  a  notice  as provided in this section shall toll the   applicable statute of limitations to  and  including  a  period  of  one   hundred twenty days following such service.4.  From  and  after the date of service of the notice provided for in   subdivision one of this section, the claimant shall have  the  right  to   serve  a demand for discovery and production of documents and things for   inspection, testing, copying or photographing in  accordance  with  rule   three  thousand one hundred twenty of this chapter. Such demand shall be   governed by the procedures of article thirty-one  of  this  chapter.  In   addition,  the  claimant  shall have the right to the examination before   trial of such licensed architect, engineer, land surveyor  or  landscape   architect  or  such  firm  or to serve written interrogatories upon such   licensed architect, engineer, land surveyor or  landscape  architect  or   such  firm  after service of and compliance with a demand for production   and inspection in accordance with this section. The court  may,  at  any   time  at  its  own  initiative  or on motion of such licensed architect,   engineer, land surveyor or landscape architect or such firm deny, limit,   condition  or  restrict  such  examination  before  trial   or   written   interrogatories  upon  a  showing  that  such  claimant  has  failed  to   establish reasonable necessity for the information sought or  failed  to   establish   that   the   information   sought  by  such  examination  or   interrogatories cannot reasonably be determined from  the  documents  or   things  provided  in  response to a demand for production and inspection   served in accordance with this section. Such examination before trial or   interrogatories shall otherwise be governed  by  article  thirty-one  of   this chapter. 5.  After  the  expiration  of  ninety days from service of the notice   provided in subdivision one of this section, the claimant  may  commence   or interpose an action, proceeding or cross or third-party claim against   such  licensed architect, engineer, land surveyor or landscape architect   or such firm. The action shall proceed in every respect as if the action   were  one  brought  on  account of conduct occurring less than ten years   prior to the claim  described  in  said  action,  unless  the  defendant   architect,  engineer,  land surveyor or landscape architect or such firm   shall have made a motion under rule three thousand two hundred eleven or   three thousand two hundred twelve of this chapter, in  which  event  the   action  shall be stayed pending determination of the motion. Such motion   shall be granted upon a showing that such claimant has failed to  comply   with the notice of claim requirements of this section or for the reasons   set  forth  in subdivision (h) of rule three thousand two hundred eleven   or subdivision (i) of rule three thousand two  hundred  twelve  of  this   chapter;  provided,  however,  such  motion  shall not be granted if the   moving party is in default of any disclosure obligation as set forth  in   subdivision four of this section.6. No claim for personal injury, or wrongful death or property damage,   or  a  cross  or  third-party  claim for contribution or indemnification   arising out of an action for personal injury, wrongful death or property   damage may be asserted against  a  licensed  architect,  engineer,  land   surveyor  or  landscape architect or such firm arising out of conduct by   such licensed architect, engineer, land surveyor or landscape  architect   or  such firm occurring more than ten years prior to the accrual of such   claim shall  be  commenced  or  interposed  against  any  such  licensed   architect,  engineer,  land surveyor or landscape architect or such firm   unless it shall appear by and as  an  allegation  in  the  complaint  or   necessary  moving  papers  that  the  claimant  has  complied  with  the   requirements of this section. Upon the commencement of such a proceeding   or action or interposition of such cross or third-party claim, a  county   clerk  shall  not  be  entitled  to collect an index number fee and such   action, proceeding or  cross  or  third-party  claim  shall  retain  the   previously  assigned  index number.  Such action, proceeding or cross or   third-party claim shall otherwise be governed by the provisions of  this   chapter.7.  The  provisions  of  this  section  shall apply only to a licensed   architect, engineer, land surveyor or landscape architect or  such  firm   practicing   architecture,  engineering,  land  surveying  or  landscape   architecture in the state of New York at the time the conduct complained   of occurred and shall not apply to any person or entity,  including  but   not  limited  to  corporations,  which was not licensed as an architect,   engineer, land surveyor or landscape architect  or  such  firm  in  this   state  or  to  a firm not lawfully practicing architecture, engineering,   land surveying  or  landscape  architecture  at  the  time  the  conduct   complained of occurred.8. The provisions of this section shall not be construed to in any way   alter  or  extend  any  applicable  statutes  of  limitations  except as   expressly provided herein.