NY Statute of Limitations

Question 1

Action to recover principal or interest on bonds, including bonds issued by the state or by a public corporation

Answer 1

20

Question 2

Action to enforce a money judgment

Answer 2

20

Question 3

Action by the state or its grantee to recover real property

Answer 3

20

Question 4

Action for support, alimony, or maintenance

Answer 4

20

Question 5

Action to recover real property or its possession

Answer 5

10

Question 6

Action to recover the premises after a state grant of real property is annulled due to fraud or mistake

Answer 6

10

Question 7

Action to redeem real property from a mortgage

Answer 7

10

Question 8

Action to recover under an affidavit of support amounts paid to, or on behalf of, an alien

Answer 8

10

Question 9

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

Answer 9

7

Question 10

Any action by the victim of a felony to recover damages from the convicted perpetrator

Answer 10

10 from date of conviction

Question 11

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

Answer 11

3

Question 12

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.

Answer 12

5

Question 13

Action when no specific statute of limitation applies

Answer 13

6

Question 14

Action on an express or implied contract (except for a contract for the sale of goods to which a four-year limitation period applies)

Answer 14

6

Question 15

Action on a sealed instrument

Answer 15

6

Question 16

Action on the mortgage of real property, as well as a bond or note securing a mortgage

Answer 16

6

Question 17

Action by the state for misappropriation or spoliation of public property

Answer 17

6

Question 18

Action based on a mistake or other equitable action

Answer 18

6

Question 19

A derivative action by, or on behalf of, a corporation or a limited liability company against present or former directors, officers, shareholders, or members

Answer 19

6

Question 20

Action based on fraud

Answer 20

6

Question 21

Action for contribution from other tortfeasors

Answer 21

6

Question 22

Action on overcharge of residential rent

Answer 22

4

Question 23

Actions for breach of contract for the sale of goods

Answer 23

4

Question 24

Action against a housing merchant for a breach of an implied warranty on the sale of a new home

Answer 24

4

Question 25

Action against a sheriff, constable, or other officer for nonpayment of funds collected on execution of a judgment

Answer 25

3

Question 26

Action for a statutory liability, penalty, or forfeiture

Answer 26

3

Question 27

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

Answer 27

3

Question 28

Action for damages for an injury to property

Answer 28

3

Question 29

Action for damages for personal injuries

Answer 29

3

Question 30

Action to annul marriage on grounds of fraud

Answer 30

3

Question 31

Action for professional malpractice other than medical, dental, or podiatric malpractice, regardless of whether the underlying theory is contract or tort

Answer 31

3

Question 32

Action for damages for personal and property injuries due to strict product liability

Answer 32

3

Question 33

An action for medical, dental, or podiatric malpractice is subject to a ______.

Answer 33

2.5

Question 34

An action against a hospital for negligent hiring or administrative procedures is subject to

Answer 34

3

Question 35

An action based on the lack of informed consent is

Answer 35

2.5

Question 36

An action based on a physician’s performance of a completely unauthorized medical procedure is

Answer 36

1

Question 37

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

Answer 37

one year of the date of such discovery, or the date of discovery of facts that would lead to such discovery, whichever is earlier.

Question 38

In terms of medical malpractice, what is a foreign object?

Answer 38

includes items such as a needle or sponge mistakenly left in the patient’s body during surgery.

Question 39

In terms of medical malpractice was is NOT a foreign object?

Answer 39

“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.

Question 40

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.)

Answer 40

2

Question 41

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.

Answer 41

18-month

one year

Question 42

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:

Answer 42

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.

Question 43

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

Answer 43

1

Question 44

Action upon an arbitration award

Answer 44

1

Question 45

Action to enforce a statutory penalty or forfeiture by a private person

Answer 45

1

Question 46

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)

Answer 46

1

Question 47

Action against an officer for the escape of a prisoner arrested or imprisoned as a result of a civil mandate

Answer 47

1

Question 48

Action to recover an overcharge of interest or to recover a penalty for such overcharge

Answer 48

1

Question 49

Action by a tenant for damages for retaliatory eviction

Answer 49

1

Question 50

Action against a village not based in contract or tort

Answer 50

1

Question 51

CPLR Article 78 proceedings

Answer 51

4 months