NY Practice - Other important S/Ls

Question 1

Statute of Limitations for “Action by crime victim against convicted defendant for a SERIOUS crime?”

Answer 1

10 years

Period runs from date of conviction. Victim may also sue for damages for up to 3 years from the discovery of defendant’s receipt of money or property from any source

Question 2

Statute of Limitations for “Action by crime victim against convicted defendant for ANY crime?”

Answer 2

7 years

Period runs from date of the crime

Question 3

Statute of Limitations for “Contracts, express of implied (other than UCC article 2 sales)?”

Answer 3

6 years

Accrual on “date of breach” regardless of plaintiff’s lack of knowledge

Question 4

Statute of Limitations for “Fraud?”

Answer 4

6 years

Plaintiff may sue within 6 years of commission of fraud, or 2 years of discovery (actual or imputed), whichever is longer

Question 5

Statute of Limitations for “Equity Actions” (rescission, reformation, accounting) ?

Answer 5

6 years

Question 6

Statute of Limitations for “Action by victim of rape-related felony” ?

Answer 6

5 years

Period runs from date of crime; and if perpetrator is prosecuted, victim gets an extra five years from termination of the criminal proceeding (regardless of whether conviction or acquittal)

Question 7

Statute of Limitations for “Contracts governed by UCC Article 2-Sales” ?

Answer 7

4 years

Breach of warranty claim accrues upon tender of delivery

Question 8

Statute of Limitations for “PROPERTY DAMAGE, including CONVERSION and REPLEVIN” ?

Answer 8

3 years

Question 9

Statute of Limitations for “Action to Recover Realty?”

Answer 9

10 years

Same period as adverse possession

Question 10

Statute of Limitations for an “Action on Judgment?”

Answer 10

20 years