SOL 2

Question 1

Collection of judgment

Answer 1

20 years

Question 2

Adverse Possession

Answer 2

10 years

Question 3

No SOL

Answer 3

6 years

Question 4

Breach of Contract, Mortgages

Answer 4

6 years

Question 5

Sexual Offenses against child 18 yrs or younger

Answer 5

SOL expires when that person turns 55

Question 6

Sales Contracts

Answer 6

4 years

Question 7

Breach of Warranty

Answer 7

4 years

Question 8

Negligence, Strict Product Liability, Constitutional torts[except Medical or Dental Malpractice]

Answer 8

3 years

Question 9

Dental + Medical Malpractice

Answer 9

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

Question 10

Wrongful Death

Answer 10

2years from the date of death
Must get Letters of Administration to Prosecute the Action

Question 11

Tort Action against the State

Answer 11

2 years

Question 12

Torts against the City of NY and all municipal corporations

Answer 12

1 year 90 days

Question 13

Wrongful death action against the City

Answer 13

2 years after the date of death

Question 14

1ntentional Tort

Answer 14

1year

Question 15

Confirm an Arbitrat1on Award

Answer 15

1 year

Question 16

Article 78 “Proceeding against a body or officer” —

Answer 16

4 months

Question 17

Crime Victims [Othe than Child Victims of Certain Sexual Abuses]

Answer 17

7 years from date of crime
10 years from dat of conviction for crimes
/5 years for sexual assaults as defined by penal law

Question 18

Junior Mint Rule.- foreign object

Answer 18

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.

Question 19

Lavern’s Law -
- misdiagnosed
- fraud
- foreign

Answer 19

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

Question 20

Tolling by Stay of Action

Answer 20

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

Question 21

Infancy

Answer 21

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.

Question 22

Med. Malpractice – Infants

Answer 22

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.

Question 23

Insanity

Answer 23

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.

Question 24

War

Answer 24

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.

Question 25

Death
Death of Party before expiration of SOL

Answer 25

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