Statute of Limitations

Question 1

What is the S/L for an action on judgment?

Answer 1

20 years

Question 2

What is the S/L for an action to recover realty?

Answer 2

10 years

Question 3

What is the S/L for an action by a crime victim against a convicted defendant for a serious crime? When does it begin to run?

Answer 3

10 years, running from the date of conviction. Victim has 3 years to sue the defendant from the date she discovers defendant received money or property from any source.

Question 4

What is the S/L for an action by a crime victim against any convicted defendant for any crime? When does it accrue?

Answer 4

7 years, running from the date of the crime.

Question 5

What is the S/L for contracts other than those governed by the UCC? When does it accrue?

Answer 5

6 years, accrual on the date of the breach.

Question 6

What is the S/L for indemnity and contribution claims? When does it accrue?

Answer 6

6 years, accrual on date of payment made for which indemnity or contribution is sought.

Question 7

What is the S/L for claims of fraud?

Answer 7

The longer of 6 years from the date of the fraud or 2 years of the date of discovery (P knew or should have known).

Question 8

What is the S/L for equity actions (rescission, reformation, accounting)?

Answer 8

6 years

Question 9

What is the S/L for action by a victim of a rape related felony?

Answer 9

5 years, running from the date of the crime. If perp is prosecuted, V gets an extra 5 years from the end of the criminal proceeding (even if it ends in acquittal).

Question 10

What is the S/L for contracts governed by the UCC? When does it accrue?

Answer 10

4 years, accruing on tender of delivery.

Question 11

What is the S/L for personal injury claims based on negligence and strict products liability? When does it accrue?

Answer 11

3 years, accrual on date of the original injury. P’s knowledge of the injury is only required in toxic substance cases (where injury is typically latent).

Question 12

What is the S/L for claims of property damage (including conversion and replevin)?

Answer 12

3 years

Question 13

What is the S/L for claims of professional (non-medical) malpractice?

Answer 13

3 years

Question 14

What is the S/L for medical malpractice? When does it accrue?

Answer 14

2.5 years, accrues on the date of malpractice, subject to two exceptions (continuous treatment, and foreign objects).

Question 15

What is the continuous treatment exception to the accrual date for medical malpractice S/L?

Answer 15

When a doctor against whom P is suing for malpractice continues treatment for the same injury, the S/L will accrue on the date of the last treatment rather than the date of the malpractice.

Question 16

What is the foreign objects exception to the accrual date for medical malpractice S/L?

Answer 16

If the claim is that a doctor left a foreign object (something dr introduced that was not supposed to be left behind), accrues from the longer of 1 year from the date of discovery or the traditional 2.5 years from the date of the malpractice.

Question 17

What is the S/L for wrongful death actions? When does it accrue?

Answer 17

EITHER
2 years, accruing from …
(A) If S/L had run out by the time decedent died, S/L runs from the date of death, OR

(B) date of the injury that lead to death.

Question 18

What is the S/L for personal injury and property damage claims against municipal defendants? What are the other requirements?

Answer 18

1 year and 90 days + service of notice on the defendant within 90 days of the injury.

Courts have discretion to allow late service of notice, but not beyond the S/L period.

Question 19

What is the S/L for intentional torts to the person (assault, battery, false imprisonment, defamation)?

Answer 19

1 year

Question 20

What is the S/L for CPLR Art. 78 proceedings (appeals of admin decisions)?

Answer 20

4 months

Question 21

If a S/L ends on what days can it be extended to the next business day?

Answer 21

Saturday, Sunday, or Public Holiday

Question 22

What must a plaintiff do by the last day of the S/L period to preserve her claim?

Answer 22

File process (summons and complaint or summons and notice). She must file with the county clerk on that day and will have 120 days to complete service.

Question 23

What is the S/L for a claim against architects and engineers when bodily injury results from a building?

Answer 23

Three years from the date of the injury - regardless of when the work was completed.

Question 24

What is the old buildings rule for claims against architects and engineers for bodily injury?

Answer 24

If the building is more than 10 years old, P must serve notice of claim at least 90 days before suit. During that time, P will be able to get discovery. After the suit is commenced, D can move for summary judgment, where the burden is on P to produce evidence that creates a “substantial basis” to believe D’s negligence was the proximate cause of her injuries.

Question 25

If a plaintiff fails to serve notice on a municipal defendant in a tort action, what becomes of her claim?

Answer 25

The claim can be dismissed for failure to seek a cause of action.

Question 26

What is the S/L for a claim of products liability under a negligence theory?

Answer 26

3 years, accruing from the date of the injury. It applies to all sellers in the chain of distribution.

Question 27

What is the S/L for a claim of products liability under strict liability theory?

Answer 27

3 years, accruing from the date of the injury.

Question 28

What is the S/L for a claim of products liability under a breach of warranty theory?

Answer 28

4 years, running from the date the particular D against whom the warranty claim is brought made it’s delivery of the product.

Question 29

What is the S/L for a claim of exposure to toxic substances?

Answer 29

3 years running from the earlier of

1. the date of discovery (P aware of symptoms), or
2. the date the injury should have been discovered through reasonable diligence.

Question 30

Does the toxic substance discovery rule apply to medical malpractice?

Answer 30

No.