Statute of Limitations Flashcards
2.5 Years.
Statute of Limitations for Med Mal
2.5 Years
Foreign Objects: 2.5 years, or 1 year from discovery or time when object should have been discovered.
Statute of Limitations for Professional Malpractice
3 years
Statute of Limitations for UCC Contract
4 Years
Statute of Limitations for Non-UCC Contract
6 Years
Statute of Limitations for Indemnification/Contribution
6 Years
Statute of Limitations for Intentional Tort
2) Note on tolling
3) When does defamation COA accrue?
1 Year
Note: Tolled for Prosecution of Criminal Defendant
3) Defamation period starts from first defamatory statement and does not reset with later statements [unless republsihed to reach a different audience).
General Tort SL (Personal Injury, Strict Products Liab, Negligence, Professional Malpractice)
Note: COA for Professional Malpractice
3 Years
Note: Professional malpractice cause of action arisees when the mmalpractice occured.
UNLESS claim is personal injury. THEN, at the time of the personal injury.
Further Exception: If related to injury from building - if building was built more than 10 years ago - special circumstances.
Statute of Limitations for Municipal Suit for Money Damages
1 year, 90 days.
2) Notice of claim must be served on D 90 days from the COA. (court can modify)
3) Commence action after 30 days from serving notice of claim on D.
4) Plead compliance with Notice of claim requirement.
Wrongful Death vs. Survival Claim
1) Nature
2) SL
1) Wrongful Death is brought by decedent’s statutory distributees for economic damages (not pain and suffering)
SL is 2 years from date of death, and the underlying claim must be timely.
2) Survival Claim: Is the suit by victim as if they were still alive.
SL is longer of remaining SL time or 1 year from date of death.
Products Liability Suit Procedure
1) SLs
2) Toxic Substance Exception
Negligence = 3 years, from date of injury, as against all parties.
Strict Products = 3 yearsfrom date of injury, as against all parties.
Breach of Warranty = 4 years, from date of particular defendant’s delivery of product.
Indeminty/Contrib = 6 years
Toxic Substance: Runs from the date the injury is discovered or should have been discovered.
Tolling of SL From Defendant’s Absence
1) Application
2) If D outside of NY
3) If D leaves NY
(Applies only when P can only get PJ when D is in NY)
If Outside NY at time of COA: Tolls until D arrives.
If later leaves NY for more than 4 months, SL tolls for the whole period of absence.
Ways to toll SL (4)
1) D’s Absence from NY
2) Infancy/Insanity
3) D’s Death (18 months added0
4) 6 month grace period for dismissed claims (subject to limitations)
Grace Period for Actions Dismissed before Trial
6 months, if suit is timely brought or within 6 months of expiring.
NOT APPLICABLE IF:
1) Dismissal on the merits
2) P dropped suit (voluntary discontinuance)
P had general pattern of delay
4) Dismissal for lack of PJ (lack of SMJ is fine)
“Borrowing Statue” for SL
If P is a non-resident take SHORTER of:
P’s home state SL
NY SL
If P is a NY resident:
Always take NY SL
New York Supreme Court has exclsuive SMJ over:
1) Adjudication of Marital Status (Family Courts cannot do this)
2) CPLR Article 78 Proceeding (distinguish from claims for tort or contract $ damages from STATE of NY, that is only in the Court of Claims).
3) Declaratory Judgment
(before conduct is engaged in)
