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§ 214-i-B.[There are two § 214-i] Action to recover damages for personal injury caused by contact with or exposure to toxic burn pits.

Article 2. Limitations of Time · Last amended 2021 · Last verified July 21, 2026

In one sentenceCPLR 214-i-B, the second and unrelated section printed under the number 214-i in the official CPLR, gives veterans exposed to toxic burn pits in listed countries since 1990 three years from discovering their injury to sue for the resulting personal injury.

Full Text of CPLR 214-i-B

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1. Notwithstanding any provision of law to the contrary, an action to recover damages for personal injury caused by exposure to toxic burn pits while serving as a member of the armed forces of the United States in Afghanistan, Bahrain, Burkina Faso, Cameroon, Chad, Diego Garcia, Djibouti, Egypt, Ethiopia, Gabon, Ghana, Iraq, Jordan, Kenya, Kuwait, Kyrgyzstan, Libya, Mali, Niger, Nigeria, Oman, Pakistan, Philippines, Saudi Arabia, Somalia, South Sudan, Sudan, Syria, Tajikistan, Tunisia, Turkey, United Arab Emirates, Uzbekistan, and Yemen on or after August second, nineteen hundred ninety, may be commenced within three years from the date of the discovery of such injury, or within three years from the date when through the exercise of reasonable diligence the cause of such injury should have been discovered, whichever is later. 2. For the purposes of this section, a personal injury includes, but shall not be limited to the following diseases: asthma that was diagnosed after service in a country or territory listed, cancer of any type, chronic bronchitis, chronic obstructive pulmonary disease, constrictive bronchiolitis or obliterative bronchiolitis, emphysema, granulomatous disease, interstitial lung disease, lymphoma, pleuritis, pulmonary fibrosis, and sarcoidosis.

Plain-English Summary

This entry addresses the toxic-burn-pit version of what the CPLR prints as section 214-i. The official statute itself flags a real drafting collision: two entirely unrelated laws share the same base number. One governs consumer credit transaction debt collection, covered separately in this reference as 214-i. This one — indexed here as 214-i-B to keep the two apart — concerns military burn pit exposure and has nothing to do with consumer debt.

The section covers a servicemember injured by exposure to toxic burn pits while serving in the U.S. armed forces in Afghanistan, Iraq, and an extensive list of other countries and territories, on or after August 2, 1990. That veteran has three years to sue, running from discovery of the injury or from when reasonable diligence should have revealed its cause, whichever is later. The section lists qualifying conditions — including asthma diagnosed after service, any cancer, chronic bronchitis, chronic obstructive pulmonary disease, bronchiolitis, emphysema, granulomatous disease, interstitial lung disease, lymphoma, pleuritis, pulmonary fibrosis, and sarcoidosis — but the list isn't exclusive; personal injury under the section isn't limited to those diagnoses.

CPLR 214-i-B extends to a new generation of veterans the same discovery-based accrual model the legislature built decades earlier for Agent Orange exposure in CPLR 214-b. Both sections recognize that toxic military exposure injuries can take years to surface and to be traced to their cause, and both respond by starting the clock at discovery rather than at exposure.

Frequently Asked Questions

Why are there two different CPLR 214-i sections?

The official CPLR contains a real drafting collision: an unrelated consumer-debt provision is also numbered 214-i, while this toxic burn pit injury provision is indexed separately here as 214-i-B to distinguish the two.

Who can sue under CPLR 214-i-B?

A veteran who served as a member of the U.S. armed forces in Afghanistan, Iraq, or the other listed countries and territories on or after August 2, 1990, and was injured by exposure to toxic burn pits.

How long do I have to file a toxic burn pit lawsuit in New York?

Three years from discovering the injury, or from when reasonable diligence should have revealed its cause, whichever is later.

What illnesses are covered under the toxic burn pit statute?

The section lists several, including asthma diagnosed after service, any cancer, chronic obstructive pulmonary disease, and pulmonary fibrosis, but states the list isn't exclusive of other qualifying conditions.

Is CPLR 214-i-B similar to any other New York statute?

Yes. It mirrors the discovery-based accrual approach CPLR 214-b uses for Vietnam-era Agent Orange exposure claims, extended here to post-9/11 veterans exposed to toxic burn pits.

Amendment History

L 2021, ch 729, § 1, effective December 22, 2021.

Source & verification. Provision text, History, and Advisory Committee Notes are reproduced verbatim from the Consolidated Laws of New York. Last verified July 21, 2026. · Official source
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