2012 New York Consolidated Laws
STF - State Finance
Article 13 - (187 - 194) NEW YORK FALSE CLAIMS ACT
192 - Limitation of actions, burden of proof.

 
    § 192. Limitation of actions, burden of proof. 1. A civil action under
  this  article  shall be commenced no later than ten years after the date
  on which the violation of this article is committed. Notwithstanding any
  other provision of law, for the purposes  of  this  article,  an  action
  under this article is commenced by the filing of the complaint.
    (1-a)  For  purposes  of  applying  rule three thousand sixteen of the
  civil practice law and rules, in pleading an action brought  under  this
  article the qui tam plaintiff shall not be required to identify specific
  claims that result from an alleged course of misconduct, or any specific
  records  or  statements  used, if the facts alleged in the complaint, if
  ultimately proven true, would provide a reasonable indication  that  one
  or  more  violations  of section one hundred eighty-nine of this article
  are likely to have occurred, and if  the  allegations  in  the  pleading
  provide adequate notice of the specific nature of the alleged misconduct
  to permit the state or a local government effectively to investigate and
  defendants fairly to defend the allegations made.
    2.  In  any  action  brought  under  this  article, the state, a local
  government that participates as a party in the  action,  or  the  person
  bringing  the  qui  tam  civil  action,  shall  be required to prove all
  essential elements of the cause  of  action,  including  damages,  by  a
  preponderance of the evidence.