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United States · New York limitation periods

Where does the seven-year qualification apply in New York cancer-malpractice timing?

The seven-year proviso in CPLR 214-a qualifies the cancer knowledge branch. It must be read with the separately stated continuous-treatment alternative.

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Read why no date is calculated
Period
Seven-year qualification within the cancer knowledge branch
Trigger
Alleged negligent act or omission, knowledge and qualifying last treatment
Rule
CPLR 214-a, cancer clause (i) proviso
CPLR 214-a, cancer clause (i) proviso

Current official statutory text reviewed. A displayed Senate revision date is not an amendment effective date.

Source guide · No automated date

Where does the seven-year qualification apply in New York cancer-malpractice timing?

Seven years is a qualification within a coupled statutory branch. An isolated act-date result cannot establish the complete cancer-malpractice timing.

CPLR 214-a, cancer clause (i) proviso

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Which event controls this CPLR 214-a, cancer clause (i) proviso inquiry?

Identify the particular negligent act or omission alleged to involve failure to diagnose cancer or a malignant tumor.

The seven-year proviso appears inside subparagraph (i), which otherwise uses the specified knowledge event. Preserve the act and knowledge records separately.

The statute then states a last-continuous-treatment alternative in subparagraph (ii) and selects the later branch. A seven-year preset cannot select the whole formula.

The legacy URL uses long-stop wording. This guide does not treat seven years as a cap on every medical claim or every treatment alternative.

CPLR 214-a, cancer clause (i) proviso

Which periods must be established before counting?

  1. Identify the particular negligent act or omission alleged to involve failure to diagnose cancer or a malignant tumor.
  2. The seven-year proviso appears inside subparagraph (i), which otherwise uses the specified knowledge event. Preserve the act and knowledge records separately.
  3. The statute then states a last-continuous-treatment alternative in subparagraph (ii) and selects the later branch. A seven-year preset cannot select the whole formula.
  4. The legacy URL uses long-stop wording. This guide does not treat seven years as a cap on every medical claim or every treatment alternative.
  5. This guide supplies no fixed date. Establish the applicable statutory branches and their actual events before applying any calendar-month, calendar-year or final-day provision.
  6. Preserve the alleged act and its applicable statutory edition. Compare the knowledge branch and qualifying last treatment before adopting any filing boundary.

A calendar anniversary cannot decide the statutory classification or supply missing facts. No computed or paid date is published.

CPLR 214-a, cancer clause (i) proviso

What distinguishes the relevant statutory branches?

Fictitious comparison. A claimant’s act-based boundary is unchanged, but the evidence of knowledge and qualifying same-condition treatment differs. The act date alone cannot decide the applicable cancer period.

Seven years is a qualification within a coupled statutory branch. An isolated act-date result cannot establish the complete cancer-malpractice timing.

Which qualifications change this inquiry?

Knowledge branch context
Read the act-based qualification together with both negligence knowledge and knowledge that it caused injury.
Continuous treatment
The distinct treatment alternative requires its own same-condition facts.
Separate ordinary claims
The ordinary thirty-month and foreign-object rules are not replaced by a general seven-year 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.
CPLR 214-a, cancer clause (i) proviso
  • Preserve the applicable edition and establish the actual statutory facts independently.
  • Seven years is a qualification within a coupled statutory branch. An isolated act-date result cannot establish the complete cancer-malpractice timing.

Which facts and completed acts should be preserved?

Questions about CPLR 214-a, cancer clause (i) proviso

Where does the seven-year qualification apply in New York cancer-malpractice timing?

Does this prove a claim is timely for seven years?

No. The knowledge-based thirty-month period must also be analyzed within its statutory branch.

CPLR 214-A

Can I ignore last treatment?

No. The paragraph expressly compares the stated alternative with qualifying last continuous treatment.

CPLR 214-A

Why is no date calculated?

The single act-date preset does not compare the complete cancer timing requirements.

CPLR 214-A

Official New York sources and review

Provisions used (11)
Provisions used in this guide
ProvisionPurpose
CPLR 214-a, cancer clause (i) provisoThe particular statutory procedure and its conditions
CPLR 203(a), (c)The separately identified qualification or accrual provision
CPLR 202The separately identified qualification or accrual provision
Brash v Richards, 195 AD3d 582 (2d Dept 2021)Historical tolling and the calculator’s scope boundary
General Construction Law 20Applicable event-day, calendar-interval or statutory final-day provision
General Construction Law 30Applicable event-day, calendar-interval or statutory final-day provision
General Construction Law 58Applicable event-day, calendar-interval or statutory final-day provision
General Construction Law 24Applicable event-day, calendar-interval or statutory final-day provision
General Construction Law 25-aApplicable event-day, calendar-interval or statutory final-day provision
CPLR 304Commencement by filing, separate from defendant service
22 NYCRR 202.5-b(d)(3)(i), (f)(1)Recorded transmission and required fee information in the applicable NYSCEF program; initiating filing does not itself serve a defendant
Read the official provision

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