Article 2 Limitations of Time

Question 1

  CPLR 201
Select the correct statement:
(a)   The time limitations specified in the CPLR within which an action must be commenced (i.e., statutes of limitations) override any other inconsistent provisions of law.
(b)   Actions brought in the name of or for the benefit of the State are not subject to the time limitations of the CPLR for the commencement of actions.
(c)   The time limitations specified in the CPLR within which an action must be commenced may be shortened by written agreement.
(d)   A court having jurisdiction of a civil action may, if substantial justice would be promoted, extend the time within which an action must be commenced.

Answer 1

(c)
CPLR 201 provides that unless a shorter time is prescribed by written agreement, the statute of limitations contained within the CPLR shall apply. Therefore (c) is the correct answer.
Answer (a) is incorrect since the time limitations provided under the CPLR apply “unless a different time is prescribed by law.”
Answer (b) is incorrect since the time limitations within which an action must be brought also apply to actions brought by the State.
Answer (d) is incorrect since CPLR 201 specifically provides that a court shall not extend the time period.

Question 2

    CPLR 202
Select the correct statement as to a cause of action accruing outside New York State:
(a)   It must be commenced in all instances within the time limited by the laws of the State where the cause of action accrued.
(b)   If the plaintiff is a New York resident, the action must be commenced both within the time limited by the laws of New York and the laws of the State where the cause of action accrued.
(c)   If the cause of action accrues in favor of a resident of New York State, then the time limited by the laws of the State where the cause of action accrued does not apply.
(d)   If the cause of action accrues against a resident of this State then only the time limited by the laws of this State shall apply.

Answer 2

  Answer: (c)
CPLR 202 is designed to prevent forum shopping by nonresidents with regard to causes of action accruing outside New York State. Where the cause of action accrues in favor of a New York resident the cause of action only has to be timely under New York law, thus choice (c) is the correct answer.

Question 3

    CPLR 203
In the Supreme and County Courts, the statute of limitations is computed from the time the cause of action ________to the time the claim is _____
(a)   accrues.…. served on the defendant
(b)   accrues.…. interposed
(c)   commences.….. interposed
(d)   commences.…. served on the defendant.

Answer 3

Answer: (b)
CPLR 203(a) contains the exact language of choice (b). For this purpose, “accrues” generally means when the potential plaintiff is harmed, thereby giving rise to the right to sue. CPLR 203(b) and 203(c) define when the claim is “interposed.”
A claim is generally interposed in the Supreme and County Courts when the summons and complaint are filed.

Question 4

    CPLR 203
In the Supreme and County Courts, a claim may be interposed against a defendant in which of the following ways:
I   summons and complaint are filed
II   a court order is signed after finding that circumstances prevent the immediate filing of the summons and complaint with the clerk of the court
III   the summons and complaint are served on the defendant
IV the summons and complaint are delivered to the sheriff.
(a)   I, only
(b)   I and II, only
(c)   I, II and III, only
(d)   II and III, only
(e)   I, II, III and IV.

Answer 4

 Answer: (b)
CPLR 203(c) governs when a claim is interposed in the Supreme and County Courts. In this regard, CPLR 304 and 306-a specify that in the Supreme and County Courts, an action is commenced by filing the summons and complaint.
Service is no longer the basis of commencing an action in the Supreme and County Courts. Thus, choices (c), (d) and (e) must be incorrect.

Question 5

  CPLR 203
For statute of limitations purposes, a defense or counterclaim is interposed when:
(a)   a copy is filed in the court having jurisdiction
(b)   a copy is delivered to the sheriff of the county in which the claimant resides
(c)   a copy is filed with the clerk of the county in which the claimant resides
(d)   a pleading containing it is served.

Answer 5

Answer: (d)
According to CPLR 203(d), a defense or counterclaim is interposed (i.e., asserted) when a pleading containing it is served.
Choices (a), (b) and (c) have no foundation under the CPLR.

Question 6

    CPLR 204
When commencement of an action has been stayed by a court or by statutory prohibition, the duration of the stay is:
(a)   not to exceed six months beyond the time limited for commencement of the action
(b)   not to exceed ninety days, excluding Sundays and holidays, beyond the time limited for commencement of the action
(c)   part of the time within which the action must be commenced
(d)   not part of the time within which the action must be commenced.

Answer 6

Answer: (d)
According to CPLR 204(a), when the commencement of an action has been stayed by a court or statutory prohibition, the duration of the stay is not part of the time within which the action must be commenced.
Choices (a), (b) and (c) are not supported by the statute.
             

Question 7

  CPLR 204
In relation to the time within which an action must be commenced, when a demand is made for arbitration and there has been a final determination that there is no obligation to arbitrate, the time thus elapsed between the demand and the final determination is:
(a)   included within the time in which the action must be commenced
(b)   not included within the time in which the action must be commenced, provided the time is not thereby extended beyond one additional year
(c)   not included within the time in which the action must be commenced, provided the time is not thereby extended beyond an additional six months
(d)   not covered by CPLR.

Answer 7

  Answer: (b)
Pursuant to CPLR 204(b), the time elapsed between a demand for arbitration and the final determination that there is no obligation to arbitrate is not included within the time in which the action must be brought provided the time is not thereby extended beyond one additional year.
Choices (a), (c) and (d) are not supported by the CPLR.

Question 8

  CPLR 205
An action that is otherwise timely brought and later terminated may be recommenced within six months of the termination if the action was terminated for any reason except:
(a)   voluntary discontinuance, only
(b)   dismissal for neglect to prosecute, only
(c)   final judgment on the merits, only
(d)   failure to obtain personal jurisdiction, only
(e) (a), (b), (c), or (d).

Answer 8

 Answer: (e)
CPLR 205(a) provides that if a timely action is terminated for any reason except those stated in choices (a), (b), (c), and (d), the action may be recommenced within six months of the termination. Therefore choice (e) is correct.

Question 9

 CPLR 205(a)
Where dismissal is one for neglect to prosecute (CPLR 3216), the judge:
(a)   must set forth on the record the specific conduct constituting the neglect
(b)   may set forth on the record the specific conduct constituting the neglect
(c)   must stay the proceeding until the neglect has been cured
(d)   must provide the parties with an offer to compromise.

Answer 9

 Answer: (a)
CPLR 205(a) is correct. All other choices are unsupported by the CPLR.

Question 10

 CPLR 205-a
If an action upon a bond or note, the payment of which is secured by a mortgage upon real property, is terminated in any manner other than a voluntary discontinuance, a failure to obtain personal jurisdiction over the defendant, a dismissal of the complaint for any form of neglect or by default due to nonappearance for conference or at a calendar call, or by failure to timely submit any order or judgment, or upon a final judgment upon the merits, the original plaintiff, or, if the original plaintiff dies and the cause of action survives, his or her executor or administrator, may commence a new action upon the same transaction or occurrence or series of transactions or occurrences within _______ months following the termination, provided that the new action would have been timely commenced within the applicable limitations period prescribed by law at the time of the commencement of the prior action and that service upon the original defendant is completed within such period.
(a)   six
(b)   twelve
(c)   eighteen
(d)   The action may not be recommenced.

Answer 10

 Answer: (a)         (New, 2022)
Correct answer is (a) per CPLR 205-a.

Question 11

   CPLR 206
When a demand is necessary to entitle a person to commence an action, and the right to make the demand grows out of the receipt or detention of money by a fiduciary, the time within which the action must be commenced (except as provided in Article 3 of the Uniform Commercial Code) shall be computed from:
(a)   two years after receipt or detention of the money
(b)   the time of receipt or detention of the money
(c)   the time when the person having the right to make the demand discovered the facts upon which the right depends
(d)   one year after the person having the right to make the demand discovered the facts upon which the right depends.

Answer 11

Answer: (c)
According to CPLR 206(a)(l), if a demand (e.g., formal request for payment) is necessary to commence an action against a fiduciary (e.g., trustee), the statute of limitations commences at the time at which the potential plaintiff discovers the facts upon which the right depends.
Choices (a), (b) and (d) are not supported by the CPLR.

Question 12

CPLR 206
Where a judgment is entered against a principal in an action based upon an injury resulting from the act or omission of his deputy or agent, the time within which an action by the principal against the deputy or agent must be commenced is computed from:
(a)   three years following the time when the action against the principal was commenced
(b)   five years following the time when the action against the principal was commenced
(c)   the time when the action against the principal was commenced
(d)   the time when the action against the principal was finally determined.

Answer 12

  Answer: (d)
CPLR 206(b) provides that the statute of limitations for the principal to sue the agent commences when the action against the principal is finally determined.
Choices (a), (b) and (c) are incorrect since the principal may not yet be found liable and may therefore have no action against the agent.

Question 13

    CPLR 206
In an action based upon a mutual, open and current account, where there have been reciprocal demands between the parties, the time within which the action must be commenced shall be computed from:
(a)   the last transaction in the account on either side
(b)   the first transaction in the account on either side
(c)   one year following the last transaction in the account on either side
(d)   two years following the first transaction in the account on either side.

Answer 13

 Answer: (a)
CPLR 206(d) provides that the statute of limitations in such circumstances commences from the last transaction in the account.
Choices (b), (c) and (d) are not supported by the CPLR.

Question 14

  CPLR 207
What is the effect on the statute of limitations for a civil action if after the cause of action has accrued against an individual he resides within New York State under a false name unknown to the person entitled to commence the action?
(a)   The statute of limitations is tolled for such period that the individual resides in the state under the false name.
(b)   The statute of limitations is waived.
(c)   The plaintiff is given a shorter period of time in which to sue.
(d)   The plaintiff may not bring suit while the person being sued uses a false name.

Answer 14

Answer: (a)
CPLR 207 provides that the statute of limitations is tolled (i.e., does not run) for any period that the potential defendant resides within New York under a false name unknown to the potential plaintiff. Additionally, this period is not counted in the 120 day “service period” under CPLR 306-b.

Question 15

CPLR 207
If a person is outside this state when a cause of action accrues against him, with no one in the state designated to receive a summons in his behalf, and the person is not susceptible to long-arm jurisdiction, the time within which an action against him must be commenced:
(a)   is tolled for four months
(b)   begins to run immediately
(c)   is tolled until the person comes into or returns to this state
(d)   is tolled until 30 days after the person comes into or returns to this state.

Answer 15

 Answer: (c)
CPLR 207 provides that when the cause of action accrues against a person who is outside New York at the time of accrual, the statute of limitations is tolled (i.e., does not run), until the potential defendant comes into (or returns to) New York.
Choices (a), (b) and (d) are not supported by the CPLR.
NOTE that if the potential defendant is in New York when the cause of action accrues and then departs the state for a period of four months or more, the statute of limitations is tolled for the length of the absence from New York.

Question 16

  CPLR 208(b)
For an action against a defendant for injury suffered as a result of a sexual offense when the plaintiff was previously less than 18 years of age, the statute of limitations expires when the plaintiff reaches age:
(a)   twenty-five
(b)   thirty
(c)   forty
(d)   fifty-five.

Answer 16

Answer: (d)
CPLR 208(b), permits such actions to be commenced until on or before the plaintiff reaches 55 years of age.

Question 17

 CPLR 209
If a person is unable to commence an action in a New York State court because one of the parties is a citizen of a foreign country at war with the United States or any of its allies, the time which is not part of the time within which the action must be commenced is:
(a)   the time between commencement of the war and the termination of hostilities
(b)   the time between accrual of the cause of action and the commencement of hostilities
(c)   the time between commencement of the war and one year after termination of hostilities
(d)   the time between accrual of the cause of action and defendant’s discharge from military service.

Answer 17

Answer: (a)
CPLR 209(b) provides that the statute of limitations is tolled (i.e., does not run) for the period during which the United States (or one of its allies) and the foreign country of which one of the parties is a citizen are at war.
Choices (b) and (c) are incorrect.
Choice (d) is incorrect since the defendant need not be in military service.

Question 18

          CPLR 210
If a person entitled to commence an action dies before the time has expired within which to bring the action, and the action survives, the action may be commenced by his representative:
(a)   within ninety days after the representative’s appointment
(b)   within six months after the person’s death
(c)   within one year after the person’s death
(d)   within two years after the representative’s appointment.

Answer 18

 Answer: (c)
CPLR 210(a) allows the representative to sue within one year after the death of the claimant. This is technically not a “tolling” provision since it allows the representative to sue within one year after the claimant’s death if it is needed. Therefore the representative has one year from death or the original statute of limitations, whichever is longer. (The one year period is an alternative period).

Question 19

    CPLR 210
If a person against whom a cause of action exists dies, the time limited for commencement of an action against his executor or administrator is tolled by:
(a)   one year
(b)   eighteen months
(c)   two years
(d)   six months.

Answer 19

 Answer: (b)
CPLR 210(b) provides that the eighteen months after the death of the person against whom a cause of action exists is not counted in the statute of limitations. Thus, eighteen months is added onto whatever was left of the original period. This provision is different from the death of the claimant provision in that it is not an alternative period; eighteen months is always added onto the original period.

Question 20

    CPLR 211
A money judgment is conclusively presumed to be paid and satisfied after the expiration of ______ years from the time when the party obtaining the judgment was first entitled to enforce it.
(a)   ten
(b)   five
(c)   fifteen
(d)   twenty.

Answer 20

  Answer: (d)
According to CPLR 211(b) a money judgment is conclusively presumed paid and satisfied after the expiration of twenty years from the time of its effect.

Question 21

    CPLR 212
An action to recover real property or its possession cannot be commenced more than _____ years after plaintiff was seized of or possessed the property.
(a)   three
(b)   five
(c)   ten
(d)   fifteen.

Answer 21

 Answer: (c)
According to CPLR 212(a), the statute of limitations to recover real property in “adverse possession” cases is ten years.

Note amendment to subdivision (e), which changes 10 years to 15 years regarding victims of sex traffickers, compelling prostitution and labor traffickers, eff. 7/28/21, per Ch. 311, L.2021.

Question 22

  CPLR 213
An action for which no limitation as to commencement is specifically prescribed by law must be commenced within:
(a)   three years after the cause of action accrues
(b)   five years after the cause of action accrues
(c)   six years after the cause of action accrues
(d)   ten years after the cause of action accrues.

Answer 22

  Answer: (c)
CPLR 213(1) provides that the “catch-all” statute of limitations shall be six years.
Note additional exception in Section 213, subdivision 2 (that being new section 214-i) eff. 5/7/22, per Ch. 593, L.2021.

Question 23

  CPLR 213
An action by or on behalf of a corporation against a present or former director, officer or stockholder for an accounting (a statement of financial condition) must be commenced within:
(a)   ten years
(b)   six years
(c)   three years
(d)   two years

Answer 23

Answer: (b)
CPLR 213(7) states that the statute of limitations in an action seeking an accounting (i.e., statement of financial status) against a present or former director, officer or stockholder must be commenced within six years.

Question 24

  CPLR 213
There is a 6 year statute of limitations for which of the following:
I   An action based upon mistake
II   An action upon a mortgage of real property
III   An action based upon fraud
(a)   I, only
(b)   II, only
(c)   II and III, only
(d)   I, II and III.

Answer 24

Answer: (d)
CPLR 213 provides that all actions indicated have a six year statute of limitations.
NOTE: The statute of limitations for an action based on fraud is (i) six years from accrual or (ii) two years from discovery of the fraud (or from when fraud could have been discovered with reasonable diligence), whichever is greater.

Question 25

   CPLR 213-a
An action on a residential rent overcharge must be commenced within _____ year(s) of the first overcharge alleged.
(a)   four
(b)   five
(c)   six
(d)   one.

Answer 25

  Answer: (c)
CPLR 213-a states, that six years is the applicable time limit.

Question 26

   CPLR 213-b
In an action against a person who was criminally convicted of assault, the relevant statute of limitations for the plaintiff (“crime victim”) to commence an action for damages suffered during the assault is:
(a)   one year
(b)   three years
(c)   five years
(d)   seven years.

Answer 26

Answer: (d)
CPLR 213-b provides for a seven year statute of limitations in instances when the “crime victim” commences an action, against a defendant convicted of a crime, for any injuries or loss suffered as a result of the crime.
NOTE that if the defendant were not convicted, the relevant statute of limitations for civil battery would have been one year.

Question 27

 CPLR 213-c
Generally, the statute of limitations in a civil action by a victim of rape (PL 130.35) may be brought within _________ years:
(a)   three years
(b)   four years
(c)   twenty years
(d)   six years

Answer 27

Answer: (c)
CPLR 213-c provides that the applicable period is 20 years.

Question 28

  CPLR 214
An action to recover a chattel must be commenced within:
(a)   three years
(b)   four years
(c)   five years
(d)   two years.

Answer 28

  Answer: (a)
CPLR 214(3) provides that the statute of limitations to recover a chattel (i.e., personal property) shall be three years.

Question 29

      CPLR 214
An action to recover damages for malpractice other than medical, dental or podiatric malpractice must be commenced within:
(a)   one year
(b)   two years
(c)   two years and six months
(d)   three years.

Answer 29

 Answer: (d)
CPLR 214(6) provides that the statute of limitations for malpractice other than medical, dental or podiatric malpractice is three years, regardless of whether the underlying theory is based in contract or tort. For example, legal malpractice cases have a three year statute of limitations.

Question 30

CPLR 214-a
Select the best answer.
In an action for medical, dental or podiatric malpractice an action based on the discovery of a foreign object in the patient’s body:
(a)   may be commenced within two years and six months from the discovery
(b)   may be commenced within two years of the discovery of the object or discovery of facts which would reasonably lead to such discovery
(c)   must be commenced within five years from the procedure in which the foreign object was placed in the patient’s body
(d)   may be commenced within one year of the discovery of the object, or discovery of facts which would reasonably lead to such discovery.

Answer 30

 Answer: (d)
CPLR 214-a provides that the statute of limitations for medical, dental or podiatric malpractice actions based upon the discovery of a foreign object (e.g., medical instrument) left in the patient’s body is one year from the discovery.

Question 31

  CPLR 214-a
An action for medical, dental or podiatric malpractice, not involving a foreign object left in the patient’s body, must be commenced generally within ________ after the alleged act, omission or failure.
(a)   two years
(b)   two years and six months
(c)   three years
(d)   three years and six months.

Answer 31

 Answer: (b)
CPLR 214-a provides generally that two and one-half years is the statute of limitations in medical, dental or podiatric malpractice actions. However, an alternate period is available in cases where a foreign object (e.g., medical instrument) is left in the body.

Question 32

   CPLR 214-f
The statute of limitations for toxic exposure to a Superfund Site is the later of three years discovery (or reasonable discovery) of the injury and
(a)   the date the injured party last visited the site
(b)   the date that the medical director of the Superfund Site diagnosed the injury
(c)   closure of the Superfund Site by the E.P.A.
(d)   the designation of such an area as a Superfund Site.

Answer 32

 Answer: (d)
CPLR 214-f provides that the action may be commenced alternatively within three years of such designation, whichever is later.

Question 33

  CPLR 215
The period limited for commencement of a civil action for libel or slander is:
(a)   six years
(b)   five years
(c)   three years
(d)   one year

Answer 33

Answer: (d)
According to CPLR 215(3), the statute of limitations for libel and slander (i.e., defamation cases) is one year.

Question 34

CPLR 215
The period within which a civil action for assault or battery usually must be commenced is:
(a)   two years
(b)   one year
(c)   three years
(d)   four years.

Answer 34

 Answer: (b)
CPLR 215(3) provides that the statute of limitations in a civil action seeking damages resulting from an assault or battery is one year. All other choices have no basis. NOTE: if a domestic violence is involved the period is two years.
However, note that under CPLR 213-b, a “crime victim” may benefit from an alternate seven year statute of limitations, provided that the defendant was convicted of the assault in a criminal action.

Question 35

  CPLR 215
An action to recover on an arbitration award must be commenced within:
(a)   one year
(b)   two years
(c)   three years
(d)   four years.

Answer 35

Answer: (a)
CPLR 215(5) provides that an action to recover on an arbitration award must be brought within one year.

Question 36

CPLR 217
Unless a shorter time is provided, a proceeding against a body or officer (Article 78) generally must be commenced within _________ after the determination to be reviewed becomes final and binding.
(a)   sixty days
(b)   three months
(c)   four months
(d)   six months.

Answer 36

 Answer: (c)
CPLR 217 provides that a petitioner generally has four months to sue a body or officer (e.g., a governmental agency) after the determination (e.g., agency’s decision) becomes final and binding.

Question 37

  CPLR 217-a
In the case in which a negligence action is brought against a political subdivision of the State, and in which a notice of claim is required, the statute of limitations for injury to person or property, except for wrongful death, is:
(a)   one year
(b)   one year and 90 days
(c)   three years
(d)   six years.

Answer 37

Answer: (b)
CPLR 217-a. Except for cases of wrongful death, the Statute of Limitations is one year and 90 days.

Question 38

   CPLR 217-a
An affirmation by which of the following made in accordance with the statutory language has the same effect as an affidavit:
(a)   a person located outside New York State
(b)   a person located within any territory subject to the jurisdiction of the U.S.
(c)   a person in any country but only if a treaty with such country recognizes comity
(d)   a person located outside the U.S. or any of its commonwealth territories, or possessions.

Answer 38

Answer: (d)