Term
NYPractice Question 1
Statute of Limitations for Actions by the state or its grantee to recover real property |
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Definition
NYPractice Answer 1
Twenty years for Actions by the state or its grantee to recover real property |
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Term
NYPractice Question 2
Statute of Limitations for enforcement of judgments |
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Definition
NYPractice Answer 2
Twenty Years for enforcement of judgments |
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Term
NYPractice Question 3
Statute of Limitations for actions to recover principal or interest on certain bonds |
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Definition
NYPractice Answer 3
Twenty years for actions to recover principal or interest on certain bonds |
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Term
NYPractice Question 4
Statute of Limitations for actions to recover real property |
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Definition
NYPractice Answer 4
Ten years for actions to recover real property |
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Term
NYPractice Question 5
Statute of Limitations for actions to annul letters patent |
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Definition
NYPractice Answer 5
Ten years for actions to annul letters patent |
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Term
NYPractice Question 6
Statute of Limitations for actions to redeem a mortgage |
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Definition
NYPractice Answer 6
Ten years for actions to redeem a mortgage |
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Term
NYPractice Question 7
Statute of Limitations for actions by victims of crimes against a convicted defendant |
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Definition
NYPractice Answer 7
Seven years: actions by victims of crimes against a convicted defendant must commence within seven years of the date of the crime |
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Term
NYPractice Question 8
Statute of Limitations for actions by victims of certain specific serious crimes, like violent felonies |
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Definition
NYPractice Answer 8
Ten years: actions by victims of certain specific serious crimes, like violent felonies, must be commenced within ten years of the date of conviction.
Even if the ten years SOL period for the specified serious crime has run, an action may still be commenced for up to three years from the discovery of the defendant's receipt of money or property from any source. |
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Term
NYPractice Question 9
Statute of Limitations for non-UCC contractual obligations |
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Definition
NYPractice Answer 9
Six years for non-UCC contractual obligations |
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Term
NYPractice Question 10
Statute of Limitations for actions upon sealed instruments or on notes or bonds secured by real property mortgages |
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Definition
NYPractice Answer 10
Six years for actions upon sealed instruments or on notes or bonds secured by real property mortgages |
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Term
NYPractice Question 11
Statute of Limitations for actions for public property |
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Definition
NYPractice Answer 11
Six years for actions for public property |
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Term
NYPractice Question 12
Statute of Limitations for fraud actions and those based on mistake |
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Definition
NYPractice Answer 12
Six years for fraud actions and those based on mistake |
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Term
NYPractice Question 13
Statute of Limitations for shareholder derivative actions, or those by a corporation against directors |
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Definition
NYPractice Answer 13
Six years for shareholder derivative actions, or those by a corporation against directors |
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Term
NYPractice Question 14
Statute of Limitations for civil actions not specified by statute |
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Definition
NYPractice Answer 14
Six years for civil actions not specified by statute |
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Term
NYPractice Question 15
Statute of Limitations for UCC contracts (i.e. contracts for sale of goods |
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Definition
NYPractice Answer 15
Four years for UCC contracts |
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Term
NYPractice Question 16
Statute of Limitations for actions for nonpayment of money on execution |
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Definition
NYPractice Answer 16
Three years for actions for nonpayment of money on execution |
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Term
NYPractice Question 17
Statute of Limitations for actions for statutory liability |
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Definition
NYPractice Answer 17
Three years for actions for statutory liability |
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Term
NYPractice Question 18
Statute of Limitations for replevin actions |
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Definition
NYPractice Answer 18
Three years for replevin actions |
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Term
NYPractice Question 19
Statute of Limitations for actions for damage to property |
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Definition
NYPractice Answer 19
Three years for actions for damage to property |
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Term
NYPractice Question 20
Statute of Limitations for personal injury actions based on negligence and strict liability(other than medical malpractice) |
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Definition
NYPractice Answer 20
Three years for personal injury actions based on negligence and strict liability (other than medical malpractice, which are two and a half years) |
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Term
NYPractice Question 21
Statute of Limitations for malpractice actions (other than medical malpractice) |
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Definition
NYPractice Answer 21
Three years for malpractice actions (other than medical malpractice, which are two and a half years) |
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Term
NYPractice Question 22
Statute of Limitations for actions to annul a marriage on the basis of fraud |
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Definition
NYPractice Answer 22
Three years for actions to annul a marriage on the basis of fraud |
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Term
NYPractice Question 23
Statute of Limitations for strict liability in tort |
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Definition
NYPractice Answer 23
Three years for strict liability in tort |
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Term
NYPractice Question 24
Statute of Limitations for medical malpractice actions |
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Definition
NYPractice Answer 24
Two years, six months for medical malpractice actions |
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Term
NYPractice Question 25
Statute of Limitations for wrongful death actions |
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Definition
NYPractice Answer 25
Two years for wrongful death actions. For wrongful death actions the statute is tolled for period of criminal prosecution of wrongdoer arising out of the same occurrence |
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Term
NYPractice Question 26
Statute of Limitations for Tort claims against a city, town, village, fire or school district |
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Definition
NYPractice Answer 26
One year, ninety days for Tort claims against a city, town, village, fire or school district.
There is also a condition precedent that a notice of claim be served on the municipal defendant within 90 days after the claim arises. |
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Term
NYPractice Question 27
Statute of Limitations for intentional tort |
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Definition
NYPractice Answer 27
One year for intentional tort. For intentional torts, the statute is tolled for period of criminal prosecution of wrongdoer arising out of the same occurrence |
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Term
NYPractice Question 28
Statute of Limitations for actions for official acts or omissions |
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Definition
NYPractice Answer 28
One year for official acts or omissions |
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Term
NYPractice Question 29
Statute of Limitations for actions to recover overcharges of interest and those to enforce a penalty or forfeiture |
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Definition
NYPractice Answer 29
One year for actions to recover overcharges of interest and those to enforce a penalty or forfeiture |
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Term
NYPractice Question 30
Statute of Limitations for retaliatory evictions |
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Definition
NYPractice Answer 30
One year for retaliatory evictions |
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Term
NYPractice Question 31
Statute of Limitations for actions on arbitration awards |
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Definition
NYPractice Answer 31
One year for actions on arbitration awards |
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Term
NYPractice Question 32
When does the statute of limitations begin to run for defamation actions, where the same statement is repeatedly published for a similar audience (i.e. repeated in a newspaper every day for a month)? |
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Definition
NYPractice Answer 32
The SOL for defamations runs from the first defamatory statement. It is not revived by repeated publications of the same statement unless the repeated publication is intended to reach a different audience (e.g. a paperback edition of a hardcover book). |
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Term
NYPractice Question 33
Dr. Dunn continuously mistreated Lemerson's back pain from horse riding for exactly two years. How long from the first date of treatment does Lemerson have to commence an action? |
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Definition
NYPractice Answer 33
Lemerson has four years, six months to commence an action. The statute of medical malpractice actions is two years, six months from the date of last treatment. |
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Term
NYPractice Q 34
During an operation, Dr. Bhatt accidentally left his cell phone in Oz's abdomen, to no ill effect. Three years later, Oz called Dr. Bhatt, and his abdomen vibrated for the first time. How long does Oz have to commence an action? |
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Definition
NYPractice Answer 34
One year. If the claim is based on the fact that the doctor left a foreign object in the patient's body, the suit may be brought either within two years, six months of the operation or within one year from the date of discovery of facts that would have led to discovery of the object. |
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Term
NYPrac Q35
During a tonsil operation, Dr. Payne accidentally removed Dayna's left kidney. Dr. Payne assured Dayna that back pain is a normal side effect of tonsil surgery. After five years, Dayna discovered the truth. Can Dr. Payne laugh in her face? |
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Definition
NYPractice Answer 35
No. If the doctor knowingly conceals his act of malpractice and the plaintiff reasonably relies on the doctor, the doctor may be estopped from pleading the statute of limitations. |
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Term
NYPractice Question 36
Safia built a house for Ruth. Ten years later, because of an architectural defect, Michael broke his nose. Can Ruth or Michael sue Safia for architectural malpractice? |
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Definition
NYPractice Answer 36
Ruth cannot sue, but Michael can. The client's claim for the architect's malpractice accrues when the relationship of architect and client terminates. However, an injured third party's claim accrues at time of injury. |
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