The New York Statute of Limitations for civil actions sets a time limit after an injury or civil wrong occurs, during which an injured party can file a lawsuit. After that period of time expires, the injured party is no longer permitted to file a claim in a New York state court to litigate that matter. The statute ensures that lawsuits that have merit and worthy of being heard are filed within a reasonable time or not at all.
How Does the Statute of Limitations Operate?The period of time to file a claim will vary depending upon the type of incident that occurred. A claim against a doctor for medical malpractice may be for a different length of time than against an accountant for negligence or fraud. The New York statute of limitations can generally be found within the New York Civil Practice Law and Rules (C.P.L.R.), Article 2 and covers the following rules and exceptions in greater detail.
When does the New York Statute of Limitations Begin?Other than for specific exceptions, the New York statute of limitations generally begins to run at the time when a "cause of action arises" - in other words, at the time when an injury occurs that would qualify for a lawsuit to be filed in a New York state court.
What is the Discovery Rule?There are times when a person is unable to discover that they have been injured. For example, fraud that is concealed by an accountant and is not easily discoverable or a medical condition resulting from a doctor's misdiagnosis that can only be detected after the patient's health deteriorates. It wouldn't be fair or reasonable to require the injured party to file a lawsuit when they could not have detected the injury. As a result, in some instances the New York statute of limitations begins to run from the time the injured party discovers or should have discovered that they have been injured.
Delaying or Tolling the New York Statute of LimitationsThere are times when a person is unable to discover that they have been injured. It wouldn’t be fair or reasonable to require the injured party to have filed a lawsuit during a time when they would not have known that they were injured. As a result, in some limited instances the New York statute of limitations may begin to run from the time the injured party discovers or should have discovered that they have been injured. As the application of the rule is complex and may only be provided in some areas of law but not others, it is important to speak to an experienced attorney as soon as possible to determine if the discovery rule applies. You must file your case in court before the statute of limitations and any exception expires.
Calculating the length of time that a plaintiff has to file a lawsuit is complicated and involves many factors and exceptions. Parties that have suffered significant injuries or damages may wish to consult with a New York attorney to ensure that all claims and notices are filed within the time limits set forth by law.
Personal Injury and Negligence3 years, generally. Discovery Rule may apply for exposure to toxic substances. NY CPLR §215; §214.
Wrongful Death2 years.
Medical Malpractice2 years and 6 months. foreign object in body of patient 1 yr. NY CPLR §214(6) and §214-a
Legal and Professional Malpractice3 years. NY CPLR §321, §214(6)
Products Liability3 years. NY CPLR §214-c
Assault and Battery1 year.
False Imprisonment1 year.
ContractsWritten contracts 6 years. Oral contracts 6 years.
Fraud6 years. NY CPLR §213
Personal Property Damages3 years. NY CPLR §214
Trespass3 years. NY CPLR §214
Libel / Slander / Defamation1 year from the date of publication (or the date when spoken). NY CPLR §215
Debt Collection Accounts6 years. NY CPLR §213(1)
Collection of Rent6 years. NY CPLR §213(1)
Judgment Enforcement20 years. NY CPLR §211(b)
Comparative NegligenceMay apply and reduce plaintiff's recovery by plaintiff's percentage of fault.
Liability of State and MunicipalitiesNotice of claim required, 90 days from the date of the occurrence giving rise to suit and claim must be filed within 1 year and 90 days from the same date (1 year after notice of claim). Other provisions will apply, including lawsuits against the State limited to the Court of Claims (trial by judge).
No-Fault InsuranceYes - no-fault insurance applies.
Consumer Fraud ComplaintsNew York Office of the Attorney General
Telephone: (800) 771-7755
Please Take Note: The statute of limitations laws presented are strictly provided to you “as-is”. While we believe that the legal information is accurate as of the date created, we cannot and do not provide any guarantee, analysis or conclusions. The law may have changed since this article was published. The only way to ensure that the statute of limitations law you are reading is up to date and applies to your specific issue, is to have a legal consultation with an attorney licensed to practice law in the state of New York.
- New York
- Lawsuits, Disputes:
- Statute Of Limitations
Statute of Limitations New York Statute of Limitations, Civil Actions
By Michael M. Wechsler |
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