N.Y. Civil Practice Law & Rules § 214-g: Certain child sexual abuse cases

§ 214-g. Certain child sexual abuse cases. Notwithstanding any

provision of law which imposes a period of limitation to the contrary

and the provisions of any other law pertaining to the filing of a notice

of claim or a notice of intention to file a claim as a condition

precedent to commencement of an action or special proceeding, every

civil claim or cause of action brought against any party alleging

intentional or negligent acts or omissions by a person for physical,

psychological, or other injury or condition suffered as a result of

conduct which would constitute a sexual offense as defined in article

one hundred thirty of the penal law committed against a child less than

eighteen years of age, incest as defined in section 255.27, 255.26 or

255.25 of the penal law committed against a child less than eighteen

years of age, or the use of a child in a sexual performance as defined

in section 263.05 of the penal law, or a predecessor statute that

prohibited such conduct at the time of the act, which conduct was

committed against a child less than eighteen years of age, which is

barred as of the effective date of this section because the applicable

period of limitation has expired, and/or the plaintiff previously failed

to file a notice of claim or a notice of intention to file a claim, is

hereby revived, and action thereon may be commenced not earlier than six

months after, and not later than two years and six months after the

effective date of this section. In any such claim or action: (a) in

addition to any other defense and affirmative defense that may be

available in accordance with law, rule or the common law, to the extent

that the acts alleged in such action are of the type described in

subdivision one of section 130.30 of the penal law or subdivision one of

section 130.45 of the penal law, the affirmative defenses set forth,

respectively, in the closing paragraph of such sections of the penal law

shall apply; and (b) dismissal of a previous action, ordered before the

effective date of this section, on grounds that such previous action was

time barred, and/or for failure of a party to file a notice of claim or

a notice of intention to file a claim, shall not be grounds for

dismissal of a revival action pursuant to this section.