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NY S08213

Bill

Status

Introduced

1/12/2024

Primary Sponsor

Jeremy Cooney

Click for details

Origin

Senate

2023-2024 General Assembly

AI Summary

  • Establishes a 10-year statute of repose for actions involving personal injury, wrongful death, or property damage against professional engineers, architects, landscape architects, land surveyors, and construction contractors, with the limitation period beginning upon completion of the improvement to real property.

  • Allows a one-year extension if an 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 professional or contractor, and prevents the statute of repose from being asserted as a defense by persons in actual possession or control of the property at the time the defect caused the injury or death.

  • Defines "completion" as when a permanent certificate of occupancy is issued, when a public improvement is accepted by the owner, or on the earlier of either four months before the mechanic's lien deadline or upon the owner's final payment for services or materials.

  • Takes effect January 1 of the year following enactment and applies only to actions commenced on or 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

COMMITTED TO RULES

6/7/2024

Committee Referrals

Rules6/7/2024
Judiciary1/12/2024

Full Bill Text

No bill text available