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NY S02146

Bill

Status

Introduced

1/15/2025

Primary Sponsor

Jeremy Cooney

Click for details

Origin

Senate

2025-2026 General Assembly

AI Summary

  • Establishes a 10-year statute of repose for personal injury, wrongful death, and property damage claims against professional engineers, architects, landscape architects, land surveyors, geologists, and construction contractors arising from defects in improvements to real property
  • Provides a one-year extension if injury, death, or property damage occurs during the tenth year after completion, with an absolute limit of 11 years after completion
  • Defines "completion" as when a permanent certificate of occupancy is issued, when a public improvement is accepted by the owner, or based on mechanic's lien deadlines or final payment if other criteria don't apply
  • Exempts parties in contractual or professional privity with the design professional or contractor, and prevents the defense from being used by owners, tenants, or others in possession or control of the improvement when the defect causes injury
  • Repeals existing CPLR section 214-d and related provisions, taking effect January 1 following enactment and applying only to actions commenced after that 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, geologists 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 JUDICIARY

1/7/2026

Committee Referrals

Judiciary1/7/2026
Rules6/13/2025
Judiciary1/15/2025

Full Bill Text

No bill text available