7 New York Civil Practice: CPLR P 3212.22

Summary

CPLR 3212(i) was added in 1996.1 It was one of three CPLR amendments imposing special requirements upon claimants in certain actions against architects, landscape architects, and engineers involving conduct occurring more than 10 years before the assertion of the claim. The others are a new CPLR 214-d, which imposes a notice of claim requirement for such actions, and a new CPLR 3211(h), which imposes a moderately heightened pleading standard. CPLR 3212(i) provides that when a claim within its purview is the subject of a motion for summary judgment, the motion shall be granted unless the claimant demonstrates a “substantial basis in fact and law” for the claim that the conduct was negligent and a proximate cause of the injuries suffered, or is based on a substantial argument for changing existing law. The language regarding the legal basis for the claim is identical to that found in CPLR 3211(h). See ¶ 3211.52 above. Thus, the effect of ...