Statute of Limitations Flashcards
You can extend the sol after the cause of action accrues, by contract.
True.
You can limit the sol after the cause of action accrues, by contract.
True, but can’t limit it to mere days.
What is the sol for An action against a sheriff, constable or other officer for non-payment of money collected on execution?
3 years.
When a cause of action unknown to the common law is created by statute and a specific period is
not enacted to accompany it, what is the sol?
214(2) governs – 3 year period
What is the sol for An action to recover for malpractice other than medical, dental or podiatric malpractice, regardless of
whether the underlying theory is based in contract or tort?
3 years.
The SOL applicable to the liability of an architect for injuries suffered by 3rd parties due to his
negligence runs _______(when does it start)
from the date of the injury as under CPLR 203.
What is the sol for an action for medical malpractice?
2.5 years. NOTE - Question may trick you by giving you an ORDINARY NEGLIGENCE cause of action in a hospital setting. That is not medical malpractice, that is governed by 3 year sol.
How does an action for medical malpractice accrue?
2.5 years after…(1) the act, omission, failure (2) the last treatment in a continuous treatment (3) if based on discovery of a foreign object - within 1 year of discovery or 1 year of discovery of facts that would reasonably lead to such discovery. “Foreign object” excludes chemical compound, fixation device or prosthetic aid or device. (remember Labarbera’s nose stent. It wasnt a foreign object because it was PUT THERE FOR A CONTINUING TREATMENT PURPOSE)
The term “continuous treatment” does not include examinations undertaken at the request of the patient for
the sole purpose of ascertaining the state of the patient’s condition.
Cause of Action of fraud - sol is ____
6 years.
Cause of Action for wrongful death - sol is ______ from ______.
2 years/ date of death.
John Smith is injured by the defendant on 1/1/15. His injuries are the result of defendant’s negligence, but John Smith does not pursue his claim against the defendant. On 1/2/18, John Smith passes as a result of his injuries. John Smith’s widow a week after his death wants to sue the defendant for wrongful death. Can she do so?
No. Even though the statute of limitations for wrongful death is 2 years from the date of the death, and the widow is within that, the wrongful death sol is based upon an underlying claim, and if the sol has run out for that underlying claim, the wrongful death claim cannot be brought. In this instance, the underlying claim is negligence, and the sol for that ran out the day before John Smith died, (3 years). Therefore, the wrongful death claim cannot be brought.
An action to recover damages for assault, battery, false imprisonment, malicious prosecution, libel, slander,
false words causing special damages must be commenced within _____
1 year
Sol for Products Liability is ____.
4 years
Potential Claimant dies. Administrator has __ time to bring the case.
1 year.
Decedent is potential defendant, claimant has ____ to bring claim.
18 months after death.
