N.Y. Civil Practice Law & Rules § 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.