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