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CPLR - FUTURE CLERK 2023: THE CLERKENING > CPLR SOL > Flashcards

CPLR SOL Flashcards

1
Q

On a bond - Action to recover principal and interest upon a written instrument

A

TWENTY(20) YEARS

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2
Q
  • On a money judgment - Presumed to be paid and satisfied at the expiration of ____ year(s) from the time the party recovering it was first entitled to enforce it
  • Extended if debtor or his representative makes partial payment
A

TWENTY (20) YEARS

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3
Q

By the state or grantee of the state for Real property

A

TWENTY(20) YEARS

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4
Q

The default in payment pursuant to court order for the payment of Support, Alimony or Maintenance (___ years to enforce from default)

A

TWENTY(20) YEARS

This is NOT retroactive to before the statute enactment

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5
Q

NEW 213c - A civil claim or cause of action to recover civil damages from a defendant by victim of:

  • Rape in the first, second, third degree,
  • Criminal sexual act in the first, second, third degree,
  • incest in the second degree as defined in section 255.26 of the penal law (where the crime committed is rape in the second degree),
  • criminal sexual act in the second degree,
  • Aggravated sexual abuse in the first degree, or
  • Course of sexual conduct against a child in the first degree

A criminal charge or conviction is not required to commence an action under this section

A

TWENTY (20) YEARS

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6
Q

Possession necessary to recover Real property - RPAPL

A

10 years

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7
Q

Annulment of Letters patent

A

10 years

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8
Q

Redeem on a mortgage

A

10 years

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9
Q

To recover under an affidavit of support of an NONCITIZEN (formerly alien)

A

10 years

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10
Q

When criminal benefits from crime

A

10 years

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11
Q

NEW NEW NEW An action by a victim of sex trafficking, compelling prostitution, labor trafficking or aggravated labor trafficking, may be commenced within ____ YEARS after such victimization occurs, but such ___ year period is tolled and won’t begin to run during any period while the victim is still subject to such conduct

A

15 years

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12
Q

KNOW THIS Any action where a specific time period is not set by law

A

SIX(6)YEARS

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13
Q

action on a contract

A

SIX(6)YEARS

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14
Q

Action on a Bond or note secured by Real Property

A

SIX (6)YEARS

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15
Q

action by state upon the misappropriation of public property

A

SIX(6)YEARS

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16
Q

Action based on mistake

A

SIX (6)YEARS

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17
Q

Action by corporation against a director, officer or stockholder
or to procure a judgment on the ground of fraud, or to enforce a liability, penalty or forfeiture, or to recover damages for waste or for an injury to property or for an accounting in conjunction therewith.

A

SIX (6)YEARS

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18
Q

An action based upon fraud, although it can be the greater of the ___ years from the date of the cause of action or ____ YEARS from the time the plaintiff discovered the fraud or could have discovered the fraud

A

SIX (6) YEARS… 2 (2) YEARS

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19
Q

overcharge penalties for non-payment of rent

A

SIX(6)YEARS

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20
Q

An action by the attorney general for Fraudulent Practices In Respect to Stocks, Bonds and Other Securities or Repeated fraudulent or illegal acts in conducting or transacting business

A

Six years

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21
Q

Here the general rule is an action against a convicted defendant for any loss or injury resulting from any crime they committed must be commenced within ____ YEARS from the date of the crime

A

SEVEN YEARS

  • REMEMBER 7-3-10
  • NOTE THAT Action by Victim of Conduct of Certain Sexual Offenses WAS RECENTLY UPDATED TO TWENTY YEARS
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22
Q

Action against a Sheriff or other Officer for the non- payment of money collected upon an execution

A

THREE(3) YEARS

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23
Q

Action to recover upon a liability, penalty or forfeiture

A

THREE(3) YEARS

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24
Q

Action to recover a chattel or damages for the taking of detaining of a chattel

A

THREE(3) YEARS

Chattel sounds like cattle, cattle moo, moo is three letters for three years.

Don’t you dare judge me….

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25
Q

Action to recover damages to injury to property (not exposure to certain substances)

A

THREE(3) YEARS

26
Q

Action to recover damages for personal injury

A

THREE(3) YEARS

Not Medical, dental, podiatric or exposure to herbicides or toxic burn pits or against sheriff, coroner or constable; for escape of prisoner; for assault, battery, false imprisonment, malicious prosecution, libel or slander; for violation of right of privacy; for penalty given to informer; on arbitration award.)

27
Q

Action to recover damages for Malpractice (Not Medical, Dental, Podiatric)

A

THREE(3) YEARS

28
Q

Action to annul a marriage on the ground of fraud

A

THREE (3) YEARS

29
Q

Consumer Credit Transactions (214-I)

A

THREE(3) YEARS
Payments, affirmations, or other activity on the debt after expiration do not revive or extend the SOL

30
Q

(New) 214-j. Certain sexual offense actions.

Similar to 214-G, this section revives (resets) the SOL which has expired for a claim or action brought against any party alleging intentional or negligent acts or omissions by a person for physical, psychological, or other injury or condition suffered as a result of conduct which would constitute a sexual offense (PL 130) or incest (PL 255.26 or 255.27) committed against such person who was EIGHTEEN YEARS OF AGE OR OLDER
The action thereon may be commenced not earlier than ___________ after, and not later than _____________ after the effective date of this section
A dismissal of a previous action before this section was effective on grounds that it was beyond SOL or for failure to file a notice of claim or intention to file a claim shall not be grounds for dismissal of a revival action pursuant to this section.

A

six months………. one year and six months

31
Q

Actions for Medical, Dental or Podiatric Malpractice

A

To be commenced within TWO(2) YEARS and SIX(6)MONTHS of the act, omission or failure complained of.
There is an exception, if you discover a foreign object in your body, you have ONE(1)YEAR

When an infant plaintiff is injured by malpractice, plaintiff will have the shorter of:

(i) 2 yrs & 6 months from date of 18th birthday, or
(ii) 10 yrs from date cause of action accrued

32
Q

Recover Damages from Exposure to Certain Herbicides

A

Stupid hint = Round up = two syllables = two years

This is for military people who served between 1962 and 1975 in lndo-China. Such action must commence within TWO(2)YEARS from the date of the discovery of injury or two years from the date the discovery of such injury should have taken place by reasonable diligence, whichever is later

Where the discovery of the cause of the injury is alleged to have occurred less than five years after discovery of the injury or when with reasonable diligence such injury should have been discovered whichever is earlier, an action may be commenced or a claim filed within one year

If an action is commenced after the periods listed above, the plaintiff must allege and prove that SCIENCE HAD NOT YET DISCOVERED a way to identify the alleged injury before the SOL ran out.

33
Q

Actions against Licensed Engineers and Architects

Any person asserting a claim for personal injury, death or damage against an architect, engineer, land surveyor etc., must give written notice of such claim _________ prior to filing the claim if the cause of action occurred more than TEN(10)YEARS prior. The notice of claim shall be filed with the court along with proof of service within _____________ of service of the notice of claim

  • Service of a notice of claim shall toll the SOL for ________ after service
  • Service of such written notice of claim may be made by any of the methods permitted for personal service of a summons upon a natural person, partnership or professional corporation.
A

NINETY(90) DAYSTHIRTY (30)DAYS…….120 days

34
Q

Action to recover damages for personal injury caused by the infusion of blood resulting in the contraction of HIV and/or AIDS

A

may be commenced within TWO(2) YEARS of the effective date of this section

35
Q

214F- NEW EFF. 02/21/2016- Action to Recover Damages for Personal injury Caused by Contact with or Exposure to Any Substance found within an Area Designated as a Superfund site

A

3 years from discovery, or within three years of such designation of such an area as a superfund site, whichever is latest

36
Q

Action to recover damages for personal injury caused by contact with or exposure to toxic burn pits

A

3 years from the date of discovery of the injury

37
Q

An action against a sheriff, coroner, constable, or officer upon a liability incurred by him while doing an act within his official capacity (except non-pay of money from execution CPLR 214)

A

ONE (1) YEAR

38
Q

An action against an officer for the escape of a prisoner

A

ONE (1) YEAR

39
Q

An action to recover damages for assault, battery, false imprisonment, malicious prosecution, libel, slander, false words or violation of a right to privacy

A

ONE (1) YEAR

40
Q

An action to enforce a penalty or forfeiture by a private person: ____________.

The state has ______ year(s).

A

ONE (1) YEAR……… three(3)

41
Q

An action upon an arbitration award

A

ONE (1) YEAR

42
Q

An action to recover any overcharge of interest

A

ONE (1) YEAR

43
Q

An action by a tenant to recover damages from the landlord

A

ONE (1) YEAR

44
Q

An action against a defendant based upon the same occurrence from which a criminal action arises, the plaintiff has ___ year(s) from the termination from the criminal action, exception is ___ year(s) if criminal action is for certain sexual offenses

A

ONE (1) YEAR…. FIVE (5) YEARS

45
Q

(NEW) An action to recover damages resulting from domestic violence shall be commenced within ________

A

TWO (2) YEARS

Hint: Spouse against spouse = two people

46
Q

lf a claimant is given notice that another person is seeking recovery of money in excess of FIFTY(5O)DOLLARS for the same claim, such claimant has ____ YEAR(S) to commence the action

A

Abbreviation of Period to One Year After Notice

47
Q

Proceedings against a Body or Officer (Article 78 proceeding)

Unless a shorter period is provided in the law, such proceeding must be commenced within _____________ after the determination to be reviewed becomes final or the respondent’s refusal to perform its duty occurs

Disability due to infancy or insanity extends the SOL to +____________ after such time

A

FOUR(4) MONTHS…..two years

48
Q

Section 217a- Actions to be commenced within________________

Every action for damages or injury to real or personal property or wrongful death against any political subdivision of the state, public authority or other similar entity shall not be commenced unless a “notice of claim” has been served within the required time limit by the general municipal law (generally ____ days).

Except in an action for wrongful death, damages, injury, etc. upon such entity, shall not be commenced more than ______ after the cause of action has accrued or within the time period otherwise prescribed by any provision of law, whichever is longer.

A

90 DAYS…. one year and ninety days

49
Q

xx

A

xx

50
Q

Section 208- Infancy/Insanity

A

-lf a person is unable to commence an action due to infancy or insanity the statute is tolled as follows:
-lf the normal time to commence the action is three years or more, then the time to bring an action is extended to three years after the “disability’ ends
+ 3 years from the end of the disability (Insanity or turning 18)
-lf the normal time to commence the action is less than three years, then it is extended:
until the disability ceases (person turns 18)

The time with which an action must be commenced shall not be extended beyond TEN(10)YEARS with the exception of Medical, Dental or Podiatric malpractice*

This section shall not apply to an action to recover a penalty or forfeiture, or against a sheriff or other officer for an escape.

51
Q

Defendant Absent From State or Under False Name

A

When a defendant leaves the state, the time within which the action must be commenced shall be computed from the time he enters or returns to the state
The statute is actually tolled (suspended) after a cause of action has accrued, when the defendant leaves the state for a period of FOUR(4) MONTHS or more or remains in the state under a false name

52
Q

NEW Section 208(b)- Victims of sex crimes committed when victim was under 18

A
  • Grants long extension for victims of sexual crimes that were committed prior to the victim’s 18th birthday
  • Extends the time to file until the victim’s 55th Birthday.
  • Also revived claims that expired under old SL law. Claim can be filed 6 months after law went into effect, but not more than 2 & 1/2 years after law effective (214-g).
53
Q

Section 209- War

A

When a cause of action accrues in favor of a resident or non resident of the state in a foreign country which the United States is at war, the time elapsed from the commencement of the war and the termination of hostilities is not part of the time with which the action must be commenced

This also applies if an action cannot be commenced because any party is a noncitizen subject or citizen of a foreign country at war with the US or an ally; or where the person who can commence an action resides or sojourns in an enemy or enemy-occupied territory (as happens from time to time)

54
Q

Section 210- Death of Claimant or Person Liable

A
  • Upon the death of a claimant before the time has expired with which an action may have been taken, an action may be commenced by his representative within ONE(1) YEAR after his death
  • lf the death is upon a person against whom a cause of action exists, the period of EIGHTEEN (18) MONTHS after the death, is not part of the time which an action may be commenced against his executor or administrator
55
Q

Section 210- Death of Claimant or Person Liable

  • The time within which an executor or administrator can commence an action to recover personal property wrongfully taken after the death of the decedent but before letters are issued is computed from the time the letters are issued or from ___________ years after the death, whichever event first occurs.
  • Any other person entitled who was an infant or insane at time that cause of action accrued has____________ years after disability ends to sue.
A

three years……..two years

56
Q

214C - Personal injury caused by exposure to certain substance

A

3 years from date of discovery

Where the discovery of the cause of the injury is alleged to have occurred less than five years after discovery of the injury or when with reasonable diligence such injury should have been discovered whichever is earlier, an action may be commenced or a claim filed within one year

57
Q

SOL

Actions in tort against municipalities:

  • ________________
  • Notice of claim must be filed w municipality w/in 90 days of accrual
    • Serve personally, or by registered or certified mail or by electronic means in cities of one million or more
  • After request, a supplemental claim shall be provided within _______ days
  • Action cannot be brought until at least __________ after filing notice of claim w/out payment
  • Villages must be given written notice of dangerous/defective conditions of public ways, and given a reasonable time to correct condition
A

1 year, 90 days……….30 days

58
Q

SOL: Medical Debt

A

3 years: An action on a medical debt by a hospital or a health care professional shall be commenced within three years of treatment. CPLR SECTION 213-D

59
Q

Failure to diagnose cancer SOL

A

SOL starts to run when the person knew or

should have known of the doctor’s failure to diagnose or maximum of seven years from the alleged missing diagnosis.

60
Q

214-h. Certain actions by public water suppliers to recover damages for injury to property

A public water supplier or wholesale water supplier can commence an action against any person for damages to property caused by a contaminant in a source of water supply within _______________ of the latest of the following events:

  • detection of the contaminant,
  • the last wrongful act by any person whose conduct contributed to the presence of the contaminant, or
  • the date the contaminant is last detected.

(BARD) If a civil claim involving an emerging contaminant was barred by the statute of limitations on the effective date of this law, the claim is revived and can be filed within ___________ of the effective date.

A

three (3) years……… one year and six months

Any civil claim or cause of action involving an emerging contaminant that was barred as of the effective date of this subdivision because the applicable period of limitation has expired is hereby revived and may be commenced and prosecuted provided such action, civil claim, or cause of action is commenced either before or within _____________ following the effective date of this subdivision.

61
Q

Section 2lE- Transitional Provisions

ln general, the time with which to bring an action is governed by this article. lf a cause of action accrued before this article became effective, then the time to bring an action will be determined by the prior laws in effect or this article whichever is longer

A

XX

CPLR - FUTURE CLERK 2023: THE CLERKENING (58 decks)

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