SOL 2 Flashcards
Collection of judgment
20 years
Adverse Possession
10 years
No SOL
6 years
Breach of Contract, Mortgages
6 years
Sexual Offenses against child 18 yrs or younger
SOL expires when that person turns 55
Sales Contracts
4 years
Breach of Warranty
4 years
Negligence, Strict Product Liability, Constitutional torts[except Medical or Dental Malpractice]
3 years
Dental + Medical Malpractice
2 years and 6 months
From the date of the malpractice
Or from the last date of continuous treatment for the same illness
OR 1 year from the discover of a foreign object in the body
Wrongful Death
2years from the date of death
Must get Letters of Administration to Prosecute the Action
Tort Action against the State
2 years
Torts against the City of NY and all municipal corporations
1 year 90 days
Wrongful death action against the City
2 years after the date of death
1ntentional Tort
1year
Confirm an Arbitrat1on Award
1 year
Article 78 “Proceeding against a body or officer” —
4 months
Crime Victims [Othe than Child Victims of Certain Sexual Abuses]
7 years from date of crime
10 years from dat of conviction for crimes
/5 years for sexual assaults as defined by penal law
Junior Mint Rule.- foreign object
plaintiff may commence and action within 1 year of discovery of the malpractice of discovery of the facts which reasonable lead to discovery of the malpractice. This will only come into operation if the original SOL has expired or has less than one year remaining.
Lavern’s Law -
- misdiagnosed
- fraud
- foreign
Patients with cancers and malignant tumors who are misdiagnosed to bring a malpractice lawsuit 2 1/2 years from the date of discovery. But if the misdiagnosis happened more than 7 years earlier, patients would be** prohibited **from suing.
Fraud — wither 6 years from the fraud or **2 years **from when the fraud was or could have reasonably been discovered.
Exposure to Foreign Substance — 3 years from when you discover or should have discovered injury from the substance — whichever is earlier
Tolling by Stay of Action
If an action is stayed by statute or by court order, —> then during the period during which the action is stayed, the running of the SOL is tolled
Examples: Bankruptcy stay + Pendenct of late notice of claim motion
Infancy
All cause of action [except Medical Malpractice], SOL tolled until majority and then get the entire SOL, or 3 years, whichever is shorter
I.e. never get more than 3 years from majority on the infancy toll.
Med. Malpractice – Infants
For infants, the action must be commenced within. 10 Years of accrual, or within** 2 1/2 **years of majority, whichever. NO MATTER WHAT, the Med Mal action must be commenced within 10 years of accrual.
Insanity
insanity [inablity to manage affairs] must exist at the time of the cause of action, or be caused by the wrongful act that gives rise to the cause of action.
SOL tolledn for the period of disability, but action must be commenced within 10 years from the accrual of the cause of action. Even if you are still insane after 10 years, no more tolling.
War
When a claim arises in favor of a resident or nonresident of the State of New York in a foreign country with which the United State or any of its allies is at war, the SOL applicable to the claim is tolled for the period of hostilities.
Death
Death of Party before expiration of SOL
Death of Plaintiff — Estate representative gets one year to commence action,
Death of Defendant — Plaintiff gets an additional 18 months added to whatever remains on the SOL to commence the action
