chapter 6 (statute of limitations)

Computation of Time

-statute of limitations start to run when the cause of action accrues. -accrual date is when the clock starts running for the purpose determining the time frame for the cause of action

intentional torts

1 yr

action to repossess real property also known as adverse possession

10 yrs

actions concerning medical, podiatry, and dental cases

2 yrs & 6 months EXPECT; FOREIGN OBJECT RULE in this case the statute is one year from discovery of the objects or facts that lead to discovery

action of maintenance support or alimony

20 yrs from the date of the initial default in payment of support alimony or maintenance

To recover on a money judgement

20 yrs from the first day of enforcement of this money judgement

actions involving a superfund site actions involving personal injury caused by substances found within an area designated as a superfund site. superfund sites are locations earmarked for cleanup due to contaminants, hazardous materials pollutants

3 yrs

negligence actions involving injury to personal or real property; malpractice actions excluding, however, medical, podiatry and dental

3 yrs

personal injury due to blood transfusions that resulted in contractions of HIV or AIDS

3 yrs

action to annul a marriage based on fraud

3 yrs from when the facts of the fraud are discovered

action to annul marriage based on fraud

3 yrs from when the facts of the fraud are discovered

actions based on contractual obligations

6 yrs

action based on fraud

6 yrs from discovery of the fraud

where there is no statute available at law this section provides a default statute of limitation

6 yrs is applied in this situation

tolling

Temporary suspension of running the statute of limitations. -defendant not present in the state -disabilities -death -public holiday, Saturday & Sunday

Statute of Limitations

The time within which a case must be commenced. (if party fails to meet the time period allocated for a particular action the court may dismiss it untimely.

condition precedent to sue a (state, agency , government)

claimant must file a notice of claim for local govt. and their agencies -must be filed within 90 days

Purpose of Statute of Limitations

imposing time constraints in law suits is designed to limit the plaintiff dragging their feet when starting a lawsuit -insures the availability of witness, accuracy of testimony and probability that the court would get a true account of the facts & circumstances surrounding the incident

purpose of a notice

is to give government an opportunity to investigate & take corrective action

Concept of Sovereign immunity

state has determined that in exchange for giving permission to sue the state there will be special rules that must be followed when filing an action against the state, most state agencies, & local governments

Who determines the statute of limitations against NYS

the court of claims

Continuous treatment rule

where the treatment involves treatment for a condition or illness arising from the same condition or illness that gave rise to the malpractice

Can the court extend the time to file a notice

yes, but there is no guarantee it will occur and CANNOT BE EXTENDED BEYOND THE STATUTE OF LIMITATIONS