Extends time for filing claim against a public corporation for injuries from participation in World Trade Center rescue, recovery or cleanup

11 Co-sponsors

• Jonathan Bing
• Brian Kavanagh
• Michael Benedetto
• Audrey Pheffer
• Michael DenDekker
• Dennis H. Gabryszak
• Joan Millman
• Ellen C. Jaffee
• Jeffrey Dinowitz
• Linda Rosenthal
• Daniel O'Donnell

7 Multi-sponsors

• William Colton
• Patricia Eddington
• Sandy Galef
• Timothy P. Gordon
• Grace Meng
• Robert Sweeney
• Harvey Weisenberg

BILL NUMBER:A7122C

Title of bill

An act to amend the general municipal law, in relation to extending the time to file a claim against a public corporation for injuries sustained by persons who participated in the World Trade Center rescue, recovery or cleanup operations

Purpose of bill

To revive those causes of action for damages against public corporations for injuries suffered as a result of participation in the World Trade Center rescue, recovery, or clean-up operations that are currently time-barred because the applicable period of limitation has expired.

Summary of provisions

Section one is the short title, "Jimmy Nolan's Law".

Section two, Subdivision 1 of section 50-i of the general municipal law is amended by adding a new subdivision 4.

Section three is an immediate effective date.

Justification

We all know that thousands of men and women lost their lives on September 11, 2001 in the World Trade Center tragedy. In the aftermath, tens of thousands of individuals worked at the World Trade Center Site, as well as locations related to debris removal and recovery of remains, for extensive periods of time. These brave men and women were advised and reassured that they were working in safe environments. Among other hazards, we know now that they suffered exposure to many types of contaminants, including caustic dust, toxic products of combustion and carcinogens. More than seven years later, thousands of World Trade Center workers have developed disabling respiratory illnesses and other injuries at rates that greatly exceed those of the general population.

A number of these affected workers are currently barred from filing a claim against the state or commencing an action against a public corporation for these injuries because the applicable period of limitation has expired. These individuals should not be denied their rights to seek just compensation simply because they were provided incorrect information about their work conditions, did not immediately recognize the causal connection between their injuries and their exposure, or were unaware of the applicable time limitations. This legislation would revive the otherwise time-barred causes of action of these heroes, by permitting them to file a claim against the state within one year of the effective date of this bill, and to commence an action against a public corporation within the same one-year period without the necessity of first filing a notice of claim. With respect to those workers who have not yet been diagnosed with an injury due to the latent effects of their exposure, their rights to file a claim or action in the future, in the event they do develop an exposure-related illness, remain preserved under CPLR § 214-c(1).

Legislative history

2008: S.2176 - 3rd Reading Calendar/A.3947 - Passed Assembly 2007: S.2176 - 3rd Reading Calendar/A.3947 - 3rd Reading Calendar 2006: S.8508 - Referred to Rules.

Fiscal implications for state and local governments

Unknown.

Effective date

Immediately.

(1) Under CPLR 214-c, "...a claim or action for personal injury...caused by the latent effects of exposure to any substance...shall be deemed to have accrued on the date of discovery of the injury by the plaintiff or on the date when through the exercise of reasonable diligence the injury should have been discovered, whichever is earlier."