Statute of Limitations

Three Years

1. Actions for non payment of money on execution 2. Actions for statutory liability 3. Replevin (repossession) actions 4. Actions for damage to property 5. Personal injury actions based on negligence and strict liability 6. All malpractice actions other than medical malpractice 7. Actions to annul a marriage on basis of fraud 8. Strict liability in tort

Actions by Crime Victims

1. Against convicted defendant - must be commenced within 7 years of date of the crime 2. Certain specific crimes (violent felonies) - within 10 years of date of conviction (beyond which another 3 years from discovery of defendant's receipt of money from any source) 3. Rape related crime - longer of: 5 yrs from date of act or 5 yrs from end of criminal proceedings (even if trial ended in acquittal) to file suit

Medical malpractice

1. Continuous treatment exception 2 year 6 month period starts to run from date of last treatment if that has been a continuous treatment by defendant of the same condition 2. Foreign object exception Is the claim is based on the fact that the doctor left a foreign object in patient's body, suit may be brought within 2 yr 6 mo of discovery of facts that would have led to discovery of the object 3. Fraudulent concealment If the doctor knowingly conceals his act of malpractice and the plaintiff relies on the doctor, doc is estopped from pleading SOL

One Year

1. Intentional Tort 2. Actions for official acts or omissions 3. Overcharging of interest 4. Those to enforce a penalty or forfeiture 5. Retaliatory eviction 6. Actions on arbitration awards 7. Defamation actions, when the first defamatory statement is made

Six Years

1. Non UCC contractual obligations 2. Notes or bonds secured by real property mortgage 3. Actions upon sealed instruments 4. Actions for public property 5. Fraud actions and those based on mistake 6. Shareholder derivative actions 7. Actions by corporations against directors 8. All other civil actions not specified by statute

10 Years

1. Recovery of real property (non state) 2. Annul letters patent 3. Redeem mortgage

20 Years

1. State or grantee to recover real property 2. Enforcement of judgments 3. Action to recover principal and interest on certain bonds

One Year, Ninety Days

1. Tort claims against city, town, village, or fire or school district 2. Notice must be served on the municipal defendant within 90 days after the claim arises 3. Court has discretion to allow late notice of claim (but not beyond limitations period)

Architects Malpractice

1. When work completed, even though a defect in a building may not manifest itself until several years after the construction is completed (or when relationship terminates) 2. Injured third party's claim arises at time of injury

Absence of defendant

Absence of defendant from New York tolls statute of limitations during absence, unless service of process can be done outside of New York

Use of SOL as a defense

An agreement to waive the statute of limitations defense made before the accrual of cause of action is void

Borrowing statute

Claim accruing out-of-state in favor of a nonresident of New York is measured by both the foreign and local statutes of limitations. Unless timely under both the claim is barred

When does S.O.L. period commence

Date of filing process commencement with clerk, except justice courts - on service of process date

Toxic torts

From date of discovery of injury or when the plaintiff should have discovered the injury with reasonable diligence, whichever is earlier. Not applicable for hidden damages, does not apply to claims of medical malpractice

Claims in amended pleadings

Measured from date of service of amended pleading

Two Years, Six Months

Medical malpractice (see below)

Adding of parties after expiration of limitation period

Ok, if: 1. both claims arise out of same conduct 2. parties share liability, either jointly or vicariously 3. new party knew or should've known that but for mistake in ID he would have been party to the action

Effect of dismissal

Plaintiff may commence new action based upon the same transaction or occurrence within six months from termination

Determining applicable statute

Remedy sought determines applicable statute

Counterclaims

Should have been timely as of the date of plaintiff's commencement of action to be timely. Unless it arises out of events giving rise to plaintiff's claim, in which case can be asserted as set-off

Indemnity claim against manufacturer

Six years

Pleading statute as defense

SoL defense must be raised in pre answer motion to dismiss or as affirmative defense in answer itself

Four Months

Special proceedings in the nature of certiorari or mandamus against a body or its officers

Statute of Limitations

Starts to run at the time the cause of action accrues

Actions based on fraud

The claim accrues when the plaintiff acts in reliance of the fraud to his detriment. Two years.

Disability or death of a party

Tolled until disability is removed - infant reaches the age of 18. Three years from the time the statute starts to run. 10 years for claim by infant for medical malpractice

Four Years

UCC contracts (sale of goods)

Products liability - breach of warranty

When delivery is done Four years

Negligence and strict liability

When first injury occurs Three years

Other Professional's malpractice

When work completed

Where plaintiff did not know cause

Within one year of discovery provided, discovery of cause occurs less than five yrs from discovery of injury, and knowledge concerning relationship between cause and injury could not have been ascertained within 3 years of discovery of the injury

Two Years

Wrongful death