N.Y. State Finance Law § 192: Limitation of actions, burden of proof

§ 192. Limitation of actions, burden of proof. 1. A civil action under

this article shall be commenced no later than ten years after the date

on which the violation of this article is committed. Notwithstanding any

other provision of law, for the purposes of this article, an action

under this article is commenced by the filing of the complaint.

(1-a) For purposes of applying rule three thousand sixteen of the

civil practice law and rules, in pleading an action brought under this

article the qui tam plaintiff shall not be required to identify specific

claims that result from an alleged course of misconduct, or any specific

records or statements used, if the facts alleged in the complaint, if

ultimately proven true, would provide a reasonable indication that one

or more violations of section one hundred eighty-nine of this article

are likely to have occurred, and if the allegations in the pleading

provide adequate notice of the specific nature of the alleged misconduct

to permit the state or a local government effectively to investigate and

defendants fairly to defend the allegations made.

2. In any action brought under this article, the state, a local

government that participates as a party in the action, or the person

bringing the qui tam civil action, shall be required to prove all

essential elements of the cause of action, including damages, by a

preponderance of the evidence.