E. Limitations of Time Flashcards
When must Non-Resident Plaintiff’s claim accrued outside NY be made?*
Within time limits under both;
1) NY law!!!
2) Law of place of accrual!!!
If claim is in favour of NY resident => NY SoL will apply
If there are several defendants united in interest, when may claim against one defendant after Statute of Limitations expires relate back to timely claim against related defendant?
1) Claims arose out of same conduct/transaction/occurrence
2) D reasonably should have known P failed to timely identify proper Ds
3) Original Ds have unity of interest
- Based on Ds’ relationship
- D will NOT be prejudiced in defence if charged by notice of claim
When is Defence/Counterclaim deemed to have interposed?
1) When such pleading is served
2) NOT time-barred (at time claims were asserted)
- If time-barred BUT defence/counterclaim arose from transaction/occurrence depended on by claim => NOT time-barred to extent of demand in complaint
When is Amended Pleading claim deemed to have interposed?
At time claims in original pleading were interposed
- Original pleading must have given notice of same conduct/transaction/occurrence
When must action be commenced if wrong is discovered?
Within stated limitations period from discovery of wrong
2 years from discovery of wrong
(whichever is longer)
What type of actions must be commenced within 6 years?*
Breach of contract
- UNLESS UCC applies (4 years from date of breach of warranty)
Fraud
- 6 years from perpetration of fraud
- 2 years from discovery/reasonable discovery of fraud
(whichever is longer)
NO limitation prescribed by law
What type of actions must be commenced within 3 years?*
Personal injuries
Property damage
Legal/Architectural malpractice
What type of actions must be commenced within 2.5 years?*
Medical/Dental/Podiatric malpractice
- If continuous treatment for same injury => Statute ends on last treatment
- If foreign object discovered in patient’s body => Statute ends 1 year early from discovery
- If failure to diagnose cancer/tumour => Statute ends when Doctor knew/reasonably should have known act/injury would occur OR on last treatment (if continuous treatment)
What type of actions must be commenced within 1 year?*
Intentional torts
- Assault
- Defamation
Toxic torts
- Asbestos/Diseases
- After date from date of discovery of injury/reasonable discovery of injury
Arbitration award
What type of actions must be commenced within 4 months?
Special proceedings
- After determination to be reviewed becomes final + binding
- UNLESS shorter period provided by law
What type of actions must be commenced within 2 years?*
Wrongful death actions
- After Decedent’s death
What type of actions must be commenced within 1 year and 3 months?*
Actions vs Municipalities
- Personal injury
- Property damage
- NOT wrongful death
- After cause of action accrues
What is required for actions against municipalities/fire districts/school districts?*
Notice of claim
- Served within 90 days after accrual date/decedent’s estate representative appointed (extendable up to 1 year + 3 months)
- In writing
- Claimant + Attorney’s name and address
- Nature of claim
- Time + Location + Manner of claim
- Damaged items/injuries claimed
On what bases may Court extend time period for notice of claim for actions
against municipalities/fire districts/school districts?*
Whether Municipality/Insurance carrier actually knew facts of claim within 90 days of event
Claimant is Infant (below 18 years of age)
Claimant is incapacitated
Claimant justifiably relied on settlement representations
Delay in service substantially prejudiced Municipality in maintaining its defence on merits
When may limitations period be tolled against Defendant?
D is absent from NY
- Tolled until D returns
