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A01157 Summary:

BILL NOA01157
 
SAME ASSAME AS S01339
 
SPONSORSeawright
 
COSPNSR
 
MLTSPNSR
 
Amd §212, CPLR
 
Provides that an action to recover the amount of an overcharge based upon a mistake or billing error made by an electric, gas or telephone corporation must be commenced within ten years.
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A01157 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1157                 Revised 6/28/2021
 
SPONSOR: Seawright
  TITLE OF BILL: An act to amend the civil practice law and rules, in relation to statute of limitations for certain overcharges   PURPOSE OR GENERAL IDEA OF BILL:. An action to recover the amount of an overcharge based upon a mistake or billing error made by an electric, gas, or telephone corporation must be commenced within ten years.   SUMMARY OF PROVISIONS: Section two hundred twelve of the Civil Practice Law and Rules is amended by adding a new subdivision (f) to read as follows: An action to recover the amount of an overcharge based upon a mistake or billing error made by an electric, gas, or telephone corporation must be commenced within ten years.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): Not applicable   JUSTIFICATION: Utility company billing errors caused by faulty wire connections, incor- rect computer computations, installation mishap or other mistakes often continue for years without detection. Even when the utility company in question acknowledges the error and can account for the amount of the mistake, the liability is for only six years of the overcharge. This causes an inequitable situation whereby a customer can prove the over- charge for a longer period of time, but cannot be compensated for his total loss. This legislation changes the statute of limitations for these utility company billing errors to ten years thereby providing a fairer basis to settle these matters.   PRIOR LEGISLATIVE HISTORY: 2017-18: A8220/S3323, Referred Committee Assembly and Senate Judiciary   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: Shall take effect immediately.
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A01157 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1157
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 7, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
          Committee on Judiciary
 
        AN ACT to amend the civil practice law and rules, in relation to statute
          of limitations for certain overcharges
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1.  Section 212 of the civil practice law and rules is amended
     2  by adding a new subdivision (f) to read as follows:
     3    (f) Overcharge based on mistake or billing error. An action to recover
     4  the  amount  of an overcharge based upon a mistake or billing error made
     5  by an electric, gas, or telephone corporation must be  commenced  within
     6  ten years.
     7    §  2.  This  act  shall take effect immediately and shall apply to all
     8  causes of action occurring on or after such date.
 
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05652-01-1
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