Statute of Limitations

Question 1

Action on Judgment

Answer 1

20 years

Question 2

Action to Recover Realty

Answer 2

10 years

(same as Adverse Possession)

Question 3

Action by crime victim against Convicted Defendant for a Serious Crime

Answer 3

20 years

{period runs from date of conviction}

{Victim may also sue for damages for up to 3 years from the discovery of D’s receipt of money or property from any source}

Question 4

Action by crime victim against _convicted defendan_t for

“any” crime

Answer 4

7 years

{Runs from date of crime}

Question 5

Contracts

(express or implied; other than Art 2)

Answer 5

6 years

Accrual on date of breach,

regardless of P’s lack of knowledge

Question 6

Indemnity & Contribution

Answer 6

6 years

{Accrual on date of payment for which indemnity or contribution is sought}

Question 7

Fraud

Answer 7

6 years

{P may sue w/in 6 years of commission of fraud}

OR

2 years

{of discovery}

Whichever is longer

Question 8

Equity Actions

{rescission, reformation, accounting}

Answer 8

6 years

Question 9

Action by victim of

rape-related felony

Answer 9

5 years

{Period runs from date of crime;

if perp is prosecuted, vic gets extra 5 years from termination of the criminal proceeding - regardless of conviction or acquittal}

Question 10

Contracts Governed by

UCC Art 2

SALES

Answer 10

4 years

{Breach of warranty claim accrues upon tender of delivery}

Question 11

Personal Injury

{based on negligence & strict products liability}

Answer 11

3 years

{Personal injury and property damage claims accrue on date of original injury.

No discovery rule applies except in cases of toxic substances}

Question 12

Property Damage

{incl conversion and replevin}

Answer 12

3 years

Question 13

Professional Malpractice

{other than med mal}

Answer 13

3 years

Question 14

Medical, dental, podiatric Malpractice

Answer 14

2 1/2 years

{Cause of action generally accrues on date of malpractice}

{EXCEPTIONS: continuous treatment - period runs from end of treatement

“foreign objects” - 1 years from discovery if insufficient time under regular rules}

Question 15

Wrongful Death

{Statutory cause of action in favor of decedent’s distributees where D’s tortious conduct caused death; damages limited solely to distributee’s economic losses}

Answer 15

2 years

{runs from date of death, except it must ALSO be shown that SOL on decedent’s underlying personal injury claim had not expired on date of death}

{if criminal proceeding is brought against D, executor gets optional and indep 1-year period from termination of criminal proceedings - regardless of conviction, acquittal}

Question 16

Personal Injury & Property Damage claims against Municipal Defendants

Answer 16

1 year + 90 days

{P must show that she served notice of claim on the municipal D w/in 90 days of the accident}

Question 17

Intentional Torts to the person

{Assault, Battery, False Imprisonment, Defamation}

Answer 17

1 year

Question 18

Article 78 Proceedings

Answer 18

4 months