2023 New York Laws › CVP - Civil Practice Law and Rules › Article 2 - Limitations of Time › 214-C - Certain Actions to Be Commenced Within Three Years of Discovery.

§  214-c.  Certain  actions  to  be  commenced  within  three years of
discovery. 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.