Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 31, 2018 |
signed chap.1 delivered to governor |
Jan 30, 2018 |
returned to senate passed assembly ordered to third reading rules cal.6 substituted for a9633a |
Jan 30, 2018 |
substituted by s7588a rules report cal.6 reported |
Jan 29, 2018 |
reported referred to rules |
Jan 27, 2018 |
print number 9633a |
Jan 27, 2018 |
amend and recommit to codes |
Jan 26, 2018 |
referred to codes |
Assembly Bill A9633A
Signed By Governor2017-2018 Legislative Session
Sponsored By
WEINSTEIN
Archive: Last Bill Status Via S7588 - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
2017-A9633 - Details
- See Senate Version of this Bill:
- S7588
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Rpld & add §203 sub (g) ¶2, amd §214-a, CPLR; rpld §3, amd §4, Chap of 2017 (as proposed in S. 6800 and A. 8516)
2017-A9633 - Summary
Provides that where an action or claim is based upon the alleged negligent failure to diagnose cancer or a malignant tumor, whether by act or omission, for the purposes of sections fifty-e and fifty-i of the general municipal law, section ten of the court of claims act, and the provisions of any other law pertaining to the commencement of an action or special proceeding, or to the filing of a notice of claim as a condition precedent to commencement of an action or special proceeding within a specified time period, the time in which to commence an action or special proceeding or to file a notice of claim shall not begin to run until the later of either (i) when the person knows or reasonably should have known of such alleged negligent act or omission causing injury, provided, that such action shall be commenced no later than seven years from such alleged negligent act or omission, or (ii) the date of the last treatment where there is continuous treatment for such injury, illness or condition.
2017-A9633 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9633 I N A S S E M B L Y January 26, 2018 ___________ Introduced by M. of A. WEINSTEIN -- read once and referred to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to certain negligent actions or claims; to amend a chapter of the laws of 2017, amending the civil practice law and rules relating to accrual of caus- es of action for medical, dental and podiatric malpractice, as proposed in legislative bills numbers S. 6800 and A. 8516, in relation to the effectiveness thereof; to repeal certain provisions of a chap- ter of the laws of 2017, amending the civil practice law and rules relating to accrual of causes of action for medical, dental and podia- tric malpractice, as proposed in legislative bills numbers S. 6800 and A. 8516, relating to certain negligent acts or omissions; and to repeal certain provisions of the civil practice law and rules relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph 2 of subdivision (g) of section 203 of the civil practice law and rules, as added by a chapter of the laws of 2017, amending the civil practice law and rules relating to accrual of causes of action for medical, dental and podiatric malpractice, as proposed in legislative bills numbers S.6800 and A.8516, is REPEALED and a new para- graph 2 is added to read as follows: 2. NOTWITHSTANDING PARAGRAPH ONE OF THIS SUBDIVISION, IN AN ACTION OR CLAIM FOR MEDICAL, DENTAL OR PODIATRIC MALPRACTICE, WHERE THE ACTION OR CLAIM IS BASED UPON THE ALLEGED NEGLIGENT FAILURE TO DIAGNOSE CANCER OR A MALIGNANT TUMOR, WHETHER BY ACT OR OMISSION, FOR THE PURPOSES OF SECTIONS FIFTY-E AND FIFTY-I OF THE GENERAL MUNICIPAL LAW, SECTION TEN OF THE COURT OF CLAIMS ACT, AND THE PROVISIONS OF ANY OTHER LAW PERTAIN- ING TO THE COMMENCEMENT OF AN ACTION OR SPECIAL PROCEEDING, OR TO THE SERVING OF A NOTICE OF CLAIM AS A CONDITION PRECEDENT TO COMMENCEMENT OF AN ACTION OR SPECIAL PROCEEDING WITHIN A SPECIFIED TIME PERIOD, THE TIME IN WHICH TO COMMENCE AN ACTION OR SPECIAL PROCEEDING OR TO SERVE A NOTICE OF CLAIM SHALL NOT BEGIN TO RUN UNTIL THE LATER OF EITHER (I) WHEN THE PERSON KNOWS OR REASONABLY SHOULD HAVE KNOWN OF SUCH ALLEGED EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
co-Sponsors
David Weprin
Didi Barrett
2017-A9633A (ACTIVE) - Details
- See Senate Version of this Bill:
- S7588
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Rpld & add §203 sub (g) ¶2, amd §214-a, CPLR; rpld §3, amd §4, Chap of 2017 (as proposed in S. 6800 and A. 8516)
2017-A9633A (ACTIVE) - Summary
Provides that where an action or claim is based upon the alleged negligent failure to diagnose cancer or a malignant tumor, whether by act or omission, for the purposes of sections fifty-e and fifty-i of the general municipal law, section ten of the court of claims act, and the provisions of any other law pertaining to the commencement of an action or special proceeding, or to the filing of a notice of claim as a condition precedent to commencement of an action or special proceeding within a specified time period, the time in which to commence an action or special proceeding or to file a notice of claim shall not begin to run until the later of either (i) when the person knows or reasonably should have known of such alleged negligent act or omission causing injury, provided, that such action shall be commenced no later than seven years from such alleged negligent act or omission, or (ii) the date of the last treatment where there is continuous treatment for such injury, illness or condition.
2017-A9633A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9633--A I N A S S E M B L Y January 26, 2018 ___________ Introduced by M. of A. WEINSTEIN -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the civil practice law and rules, in relation to certain negligent actions or claims; to amend a chapter of the laws of 2017, amending the civil practice law and rules relating to accrual of caus- es of action for medical, dental and podiatric malpractice, as proposed in legislative bills numbers S. 6800 and A. 8516, in relation to the effectiveness thereof; to repeal certain provisions of a chap- ter of the laws of 2017, amending the civil practice law and rules relating to accrual of causes of action for medical, dental and podia- tric malpractice, as proposed in legislative bills numbers S. 6800 and A. 8516, relating to certain negligent acts or omissions; and to repeal certain provisions of the civil practice law and rules relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph 2 of subdivision (g) of section 203 of the civil practice law and rules, as added by a chapter of the laws of 2017, amending the civil practice law and rules relating to accrual of causes of action for medical, dental and podiatric malpractice, as proposed in legislative bills numbers S.6800 and A.8516, is REPEALED and a new para- graph 2 is added to read as follows: 2. NOTWITHSTANDING PARAGRAPH ONE OF THIS SUBDIVISION, IN AN ACTION OR CLAIM FOR MEDICAL, DENTAL OR PODIATRIC MALPRACTICE, WHERE THE ACTION OR CLAIM IS BASED UPON THE ALLEGED NEGLIGENT FAILURE TO DIAGNOSE CANCER OR A MALIGNANT TUMOR, WHETHER BY ACT OR OMISSION, FOR THE PURPOSES OF SECTIONS FIFTY-E AND FIFTY-I OF THE GENERAL MUNICIPAL LAW, SECTION TEN OF THE COURT OF CLAIMS ACT, AND THE PROVISIONS OF ANY OTHER LAW PERTAIN- ING TO THE COMMENCEMENT OF AN ACTION OR SPECIAL PROCEEDING, OR TO THE SERVING OF A NOTICE OF CLAIM AS A CONDITION PRECEDENT TO COMMENCEMENT OF AN ACTION OR SPECIAL PROCEEDING WITHIN A SPECIFIED TIME PERIOD, THE TIME IN WHICH TO COMMENCE AN ACTION OR SPECIAL PROCEEDING OR TO SERVE A NOTICE OF CLAIM SHALL NOT BEGIN TO RUN UNTIL THE LATER OF EITHER (I) EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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