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NY A01190
Bill
Status
1/9/2025
Primary Sponsor
Philip Ramos
Click for details
AI Summary
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Establishes a presumption that the "date of discovery" of injury in toxic exposure cases is the date the diagnosis was conveyed to the plaintiff or claimant
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Extends the window for discovering the specific toxic cause of injury from 5 years to 10 years after the initial discovery of the injury
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Increases the time to file a claim after discovering the toxic cause from 1 year to 3 years
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Requires plaintiffs filing after the standard limitation period to prove that scientific, medical, or technical knowledge to identify the cause was not available earlier, or that despite diligent effort the cause was not known to them
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Applies to personal injury or property damage claims caused by latent effects of exposure to any substance or combination of substances
Legislative Description
Provides that in toxic tort cases the date of discovery of the injury by the plaintiff or claimant is presumed to be the date of diagnosis and where the specific toxic etiological cause of injury is not known for up to ten years (instead of five years) after the injury itself is discovered a plaintiff shall have three years to file a claim from the time such specific cause is discovered.
Last Action
referred to judiciary
1/7/2026