When does New York’s latent-substance injury period run?

Identify bodily or property injury caused by latent effects of exposure to a substance or combination of substances, within section 214-c. This calculator accepts events after November 3, 2020 and does not apply any toll.

Exposure includes the defined direct or indirect absorption, contact, ingestion, inhalation, implantation or injection. Mere classification as a substance-related claim does not establish latent injury.

Use discovery of the injury, not automatically the later discovery of its cause. Reasonable-diligence discovery can precede actual discovery.

Subsections (3) and (4) separately address notice-of-claim accrual and later cause discovery. Subsection (5) excludes medical or dental malpractice.

1. Identify bodily or property injury caused by latent effects of exposure to a substance or combination of substances, within section 214-c. This calculator accepts events after November 3, 2020 and does not apply any toll.
2. Count the selected calendar-month or calendar-year interval from the independently established event. General Construction Law 20 excludes the event day, sections 30 and 58 govern months and years, and section 25-a permits the next succeeding business day when an authorized statutory act ends on Saturday, Sunday or a public holiday.
3. Check the final statutory holiday and weekend independently.
4. Preserve the actual commencement record and complete required service. Filing and service are separate acts.

For an authorized statutory act, General Construction Law 25-a permits the next succeeding business day if the final day is Saturday, Sunday or a statutory public holiday. Section 24 defines those holidays. Sunday Independence Day in 2027 is observed on Monday July 5. Confirm other actual closures separately.

The calculators accept selected events after November 3, 2020. They do not apply the 2020 executive-order toll. Brash distinguishes a toll from a suspension. Historical events require separate review and receive no calculated or paid date here. Do not add 228 days to every historical event without testing its actual applicability.

Fictitious example

Identify bodily or property injury caused by latent effects of exposure to a substance or combination of substances, within section 214-c. This calculator accepts events after November 3, 2020 and does not apply any toll. Fictitious established facts. Identify bodily or property injury caused by latent effects of exposure to a substance or combination of substances, within section 214-c. This calculator accepts events after November 3, 2020 and does not apply any toll. The selected event is August 2, 2024. No applicable toll, shorter agreement, alternative branch or additional closure is assumed.

Fictitious established facts. This example applies only to the stated component. The calculator does not determine accrual, reasonable discovery, qualifying treatment, a toll or whether a claim is timely.

Property as well as body

Subsection (2) expressly covers qualifying latent effects upon or within property and the body.

Cause discovery

The later-cause branch requires its own less-than-five-years comparison and specified proof.

Historical exclusion

Subsection (6) excludes the specified combination of pre-July 1, 1986 conduct, prior discovery and an already-expired period.

Historical executive-order toll

The calculators accept selected events after November 3, 2020. They do not apply the 2020 executive-order toll. Brash distinguishes a toll from a suspension. Historical events require separate review and receive no calculated or paid date here. Do not add 228 days to every historical event without testing its actual applicability.

• Preserve the applicable edition and establish the actual statutory facts independently.
• This calculation supplies the disclosed component and does not select every alternative period or apply an unmodeled toll.

• Identify bodily or property injury caused by latent effects of exposure to a substance or combination of substances, within section 214-c. This calculator accepts events after November 3, 2020 and does not apply any toll.
• Exposure includes the defined direct or indirect absorption, contact, ingestion, inhalation, implantation or injection. Mere classification as a substance-related claim does not establish latent injury.
• Use discovery of the injury, not automatically the later discovery of its cause. Reasonable-diligence discovery can precede actual discovery.
• Subsections (3) and (4) separately address notice-of-claim accrual and later cause discovery. Subsection (5) excludes medical or dental malpractice.
• Subsection (2) expressly covers qualifying latent effects upon or within property and the body.
• The later-cause branch requires its own less-than-five-years comparison and specified proof.
• Subsection (6) excludes the specified combination of pre-July 1, 1986 conduct, prior discovery and an already-expired period.
• Preserve the actual commencement record and complete required service. Filing and service are separate acts. CPLR 304 governs commencement by the required initiating filing. In the applicable NYSCEF program, 22 NYCRR 202.5-b(d)(3)(i) uses recorded transmission and the required fee information or permitted later actual payment. Transmission is permitted any day or night. Preserve the actual recorded filing and fee event. Check county, action eligibility and any paper filing hours. Electronic filing of initiating papers does not itself serve the defendant under paragraph (f)(1).