NY Statute of Limitations Flashcards
Action to recover principal or interest on bonds, including bonds issued by the state or by a public corporation
20
Action to enforce a money judgment
20
Action by the state or its grantee to recover real property
20
Action for support, alimony, or maintenance
20
Action to recover real property or its possession
10
Action to recover the premises after a state grant of real property is annulled due to fraud or mistake
10
Action to redeem real property from a mortgage
10
Action to recover under an affidavit of support amounts paid to, or on behalf of, an alien
10
An action by a crime victim to recover damages from the convicted perpetrator of the crime must generally be brought within _____ years of the date of the crime
7
Any action by the victim of a felony to recover damages from the convicted perpetrator
10 from date of conviction
The victim of a crime must bring any action to recover money damages from the convicted perpetrator of the crime within______years of the discovery of any profits from the crime
3
Any action by the victim of first-degree rape, criminal sexual act, aggravated sexual abuse, or course of sexual conduct against a child to recover for injuries or conditions caused by the perpetrator, whether or not convicted, must be brought within __ years.
5
Action when no specific statute of limitation applies
6
Action on an express or implied contract (except for a contract for the sale of goods to which a four-year limitation period applies)
6
Action on a sealed instrument
6
Action on the mortgage of real property, as well as a bond or note securing a mortgage
6
Action by the state for misappropriation or spoliation of public property
6
Action based on a mistake or other equitable action
6
A derivative action by, or on behalf of, a corporation or a limited liability company against present or former directors, officers, shareholders, or members
6
Action based on fraud
6
Action for contribution from other tortfeasors
6
Action on overcharge of residential rent
4
Actions for breach of contract for the sale of goods
4
Action against a housing merchant for a breach of an implied warranty on the sale of a new home
4
Action against a sheriff, constable, or other officer for nonpayment of funds collected on execution of a judgment
3
Action for a statutory liability, penalty, or forfeiture
3
Action to recover a chattel or damages for the taking or detaining of a chattel
3
Action for damages for an injury to property
3
Action for damages for personal injuries
3
Action to annul marriage on grounds of fraud
3
Action for professional malpractice other than medical, dental, or podiatric malpractice, regardless of whether the underlying theory is contract or tort
3
Action for damages for personal and property injuries due to strict product liability
3
An action for medical, dental, or podiatric malpractice is subject to a ______.
2.5
An action against a hospital for negligent hiring or administrative procedures is subject to
3
An action based on the lack of informed consent is
2.5
An action based on a physician’s performance of a completely unauthorized medical procedure is
1
If the claim is one of medical, dental, or podiatric malpractice based on the discovery of a foreign object in the body of a patient, the action must be brought within
one year of the date of such discovery, or the date of discovery of facts that would lead to such discovery, whichever is earlier.
In terms of medical malpractice, what is a foreign object?
includes items such as a needle or sponge mistakenly left in the patient’s body during surgery.
In terms of medical malpractice was is NOT a foreign object?
“Foreign object” does not include a chemical compound, fixation device, or prosthetic aid or device. CPLR 214-a. A device purposely inserted into a patient’s body to aid in postoperative healing, such as plastic stent, is not a foreign object. LaBarbera v. N.Y. Eye & Ear Infirmary, 691 N.E.2d 617 (N.Y. 1998). An intentionally implanted device is not a foreign object at the time of implantation and does not become one due to a physician’s negligent failure to remove it.
An action for wrongful death is subject to a ____ limitation period. (Note: If the death was caused by a crime, the period of limitation is extended until at least one year after the termination of the criminal prosecution.)
2
A contract action against a village is subject to an ____ limitation period. As a condition precedent, a written claim must be filed with the village clerk within _______ of the accrual of the cause of action.
18-month
one year
A tort action against a municipality (i.e., city, county, town, village, fire district, school district) is subject to a limitation period of ____________. (Note: A wrongful death action against a municipality is subject to ________.)
In addition to the time period in which the action must be brought, there are two conditions precedent to bringing such an action:
one year plus 90 days
the two-year period
i) The filing of a notice of claim with the municipality within 90 days of accrual; and
ii) The expiration of at least 30 days after filing the notice of claim without payment.
Also, with respect to a village, the village must be given written notice of a defective, unsafe, dangerous or obstructive condition relating to a public way and allowed a reasonable time after receipt of the notice to correct the condition before an action for damages or injuries resulting from the condition can be maintained.
Action for assault, battery, false imprisonment, intentional infliction of emotional distress, malicious prosecution, libel, slander, false words causing special damages, or appropriation of a plaintiff’s picture or name, which constitutes a violation of the statutory right of privacy
1
Action upon an arbitration award
1
Action to enforce a statutory penalty or forfeiture by a private person
1
Action against a sheriff, constable, or coroner for an official act or omission, except the non-payment of money collected upon an execution (to which the three-year limitation period applies)
1
Action against an officer for the escape of a prisoner arrested or imprisoned as a result of a civil mandate
1
Action to recover an overcharge of interest or to recover a penalty for such overcharge
1
Action by a tenant for damages for retaliatory eviction
1
Action against a village not based in contract or tort
1
CPLR Article 78 proceedings
4 months
