Statute Of Limitations

For actions of judgment, bond, support, alimony or maintenance, an action must be commenced within

20 years from the date of the judgment or default.

For breach of non-UCC contracts, the rule is that an action must be commenced within

6 years from the date of the breach.

Under the CPLR, a Statute of Limitations is the time limit in which to assert a claim by bringing an action.

An action must be commenced by the plaintiff and filed with the court on or before the last day of the limitation period

For intentional torts (e.g. assault, battery, false imprisonment, defamation), an action must be

commenced within 1 year from the date of the injury.

For medical, dental, and podiatric malpractice, the general rule is that an action must be

commenced within 2 and 1/2 years from the date of the malpractice.

For Article 78 proceedings, an action must be

commenced within 4 months from the date of the injury.

However, if a strict products liability claim involves injuries caused by the latent effects of exposure to a toxic substance, the accrual of a cause of action is computed from the

date of discovery of an injury by the plaintiff, or from the date when, through the exercise of reasonable care, such injury should have been discovered, rather than from the date of injury itself.

If an action is timely commenced, but is dismissed before trial (for any reason other than dismissal on the merits or lack of personal jurisdiction), the Statute of Limitations is extended

for six months to permit plaintiff to re-file the action.

If the defendant is in New York when it accrues but leaves afterward, the defendant must remain out for at least four months in order for his absence to be a toll,

in which event the whole of his absence is a tolling period.

If the defendant is outside New York when a claim against him accrues, the Statute of Limitations does not start until

the defendant comes back to New York.

However, neither (outside New York/leaves New York) of these tolling provisions are operative if a basis of personal jurisdiction exists such that

the defendant may be validly served with process outside New York.

Infancy and insanity are disabilities resulting in tolls as well. If the applicable Statute of Limitations is less than three years,

the entire period of disability is a tolling period and the Statute of Limitations does not run during it.

If the applicable period is three years or longer (infancy), the plaintiff will have at least

three years for suit from the time the disability ceases.

The Statute of Limitations is an affirmative defense that must be raised by the defendant. The Statute of Limitations begins

to run when the cause of action accrues, meaning, when the injury occurs.

If the Statute of Limitations has expired, the CPLR contains various

tolling and extension provisions that may lengthen the relevant Statute of Limitations.

For wrongful death, the general rule is that an action must be commenced

within 2 years from the date of the death.

For personal injury & property damage, the general rule is that an action must be commenced

within 3 years from the date of the injury.

For actions in regards to equity, indemnity, contribution, or fraud, an action must be commenced

within 6 years from the date of the injury.

In cases of malpractice, under Continuous Treatment doctrine, the statute of limitations is tolled until the continuing treatment is terminated, provided the treatment relates to the same original condition that gave rise to the malpractice in the first place. In malpractice actions where a doctor is responsible for introducing a foreign object into the plaintiff's body and leaves it behind, an action must be commenced:

(1) 2 and 1/2 years from date of operation; or (2) 1 year from date the plaintiff discovers, or, with reasonable diligence, should have discovered the injury.

For actions to recover real estate, an action must be commenced within

10 years from the date of the injury.

A strict products liability claim for personal injury or property damage is governed by the same rules as a negligence cause of action, namely

3 years from the date of the injury.

For breach of UCC contracts, the general rule is that an action must be commenced within

4 years from the date of the breach