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NY A04549

Bill

Status

Introduced

2/16/2023

Primary Sponsor

Gary Pretlow

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Origin

Assembly

2023-2024 General Assembly

AI Summary

  • Establishes a 10-year statute of repose for actions against professional engineers, architects, landscape architects, land surveyors, and construction contractors, with the limitations period beginning when an improvement to real property is completed.

  • Allows a one-year extension if injury, wrongful death, or property damage occurs during the tenth year after completion, but no action may be brought more than 11 years after completion of the improvement.

  • Exempts actions brought by parties in contractual or professional privity with the professionals and exempts defense claims by current owners or occupants of the property when a defect proximately caused the injury or death.

  • Defines "completion" as the issuance of a permanent certificate of occupancy, acceptance of public improvements by the owner, or the earlier of four months before mechanic's lien deadline or owner's final payment.

  • Repeals existing subdivision (h) of rule 3211 and subdivision (i) of rule 3212 of the civil practice law and rules; takes effect January 1 following enactment and applies only to actions commenced after the effective date.

Legislative Description

Repeals and reenacts statute of limitation provisions on wrongful death, personal injury and property damage actions against professional engineers, architects, landscape architects, land surveyors and construction contractors to provide for a limitations period of ten years after completion of improvement to real property; "completion", which constitutes the accrual date for the limitations period, is defined; provides for a one year extension for injuries to person or property or wrongful death which occur during the tenth year after completion.

Last Action

referred to higher education

1/3/2024

Committee Referrals

Higher Education2/16/2023

Full Bill Text

No bill text available