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 (breach) |
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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, breach of warranties) |
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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) - including Products Liability |
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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 2.5) |
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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
AND 2 Exceptions |
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Definition
NYPractice Answer 24
2.5 years for medical malpractice actions
EXCEPTIONS: Continuous Treatment + Foreign Object Rule |
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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 or Property Damage 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.
After service of the notice of claim on the municipal defendant, the plaintiff must wait 30 days and then commence the action against the municipal defendant. |
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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 Question 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
NYPractice Question 35
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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Term
NYPractice Question 37
Statute of Limitations under Foreign Objects Rule |
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Definition
If the physician was responsible for introducing a foreign object into the patient's body and then leaves it behind, P gets whichever is longer:
i) 2.5 years from operation, OR
ii) 1 yr from date P discovers object or should have discovered with reasonable diligence |
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Term
NYPractice Question 38
Statute of Limitations for Actions for Indemnity and/or Contribution |
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Definition
NYPractice Answer 38
Six years from the date of actual Payment of Judgment |
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Term
NYPractice Question 39
Statute of Limitations for Actions in Toxic Substances-Exposure Cases |
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Definition
NYPractice Answer 39
Three year SL for suit against the manufacturer, distributor or supplier of the toxic substance begins to run upon the earlier of either:
i) Discovery of injury (P becomes aware of symptoms), OR
ii) The date the injury should have been discovered with reasonable diligence |
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Term
NYPractice Question 40
Tolling: If Defendant is not in NY when cause of action begins to accrue, what is the effect on the Statute of Limitations? |
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Definition
NYPractice Answer 40
The SoL will toll until the defendant arrives in NY |
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Term
NYPractice Question 41
Tolling: If the Defendant is in NY when cause of action accrues and thereafter leaves NY, how long must he be continuously absent before tolling kicks in? |
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Definition
NYPractice Answer 41
If Defendant is in NY when cause of action accrues (e.g., B in the prior example is in NY but is supposed to be in TX performing the contract), and he thereafter leaves NY and is continuously absent for at least 4 months, then toll applies to entire period of absence. S/L stops running while Defendant is absent from NY and re-starts when he returns to NY. |
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Term
NYPractice Question 42
Tolling: If Defendant is absent from NY when a cause of action accrues OR is in NY when it accrues, but is absent for more than 4 months, tolling of the statute of limitations DOES NOT occur if: |
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Definition
NYPractice Answer 42
Tolling will not occur if the Plaintiff has any basis for Personal Jurisdiction over the Defendant outside New York. |
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Term
NYPractice Question 43
Tolling: If a Defendant is disabled (infant or insanity) at the time a cause of action accrues, tolling of the Statute of Limitations will persist for how long? |
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Definition
NYPractice Answer 43
If Defendant is an infant or insane at time cause of action accrues, the SOL is tolled until the disability ends:
1) If the original SOL was 3 years or more, Plaintiff will have the longer of: a) Usual SOL period running from the original date of accrual, OR b) 3 years from the date Disability ends
2) If the original SOL was <3 years, Plaintiff will get the
specified SOL period the from date Disability ends
EX: Assume a breach-of-contract claim accrues in 2010 in favor of 16- year-old Harry Potter. When he reaches 18 in 2012, how much time does he have within which to sue?
2016, 6 years from the date the cause of action accrues (option 1(a))
EX2: Assume a breach-of-contract claim accrues in 2004 when Harry was 10 years old. Harry turns 18 in 2012. What is the latest the Plaintiff can sue?
2015, or 3 years from his 18th birthday (option 1(b)). |
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Term
NYPractice Question 44
Tolling: Medical Malpractice claims by an Infant become time-barred after what period of time? |
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Definition
NYPractice Answer 44
10 years from date of accrual. Note this only applies to medical malpractice claims.
NOTE: In medical malpractice cases, the continuous treatment toll and infancy toll are separate tolls. Do not add the tolls together when computing the statute of limitations. If both tolls are applicable, run each toll separately and determine if the action is timely under either toll. |
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Term
NYPractice Question 45
Tolling: When relying on the toll of insanity, Plaintiff's claims become time-barred after what period of time? |
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Definition
NYPractice Answer 45
All claims by a Plaintiff claiming Insanity are time-barred after 10 years from date of accrual. |
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Term
NYPractice Question 46
Statute of Limitations for survival claims |
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Definition
NYPractice Answer 46
If plaintiff dies before the SOL expires, the estate representative gets whichever is longer:
1) the time remaining on the applicable SOL running from the usual date of accrual, OR
2) 1 year from plaintiff’s death
Survival claim is any cause of action Plaintiff herself could have brought if she were still alive. |
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Term
NYPractice Question 47
Tolling: If a potential Defendant dies at any time before the Statute of Limitations expires, the Plaintiff gets how much extra time to commence an action? |
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Definition
NYPractice Answer 47
Regardless of whether Plaintiff requires extra time, 18 months will be added to the relevant Statute of Limitations period. |
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Term
NYPractice Question 48
What is the New York Borrowing Statute and how is it applied? |
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Definition
NYPractice Answer 48
When causes of actions arise outside of NY, the "borrowing statute" is intended to prevent forum-shopping by non-resident plaintiffs seeking a longer SOL in NY. It works as follows:
1) If Plaintiff was a NON-RESIDENT of NY when the out-of-state claim arose, NY court will apply SOL of state with shorter SOL (e.g., if NY's SOL is shorter, it will apply NY's SOL).
2) If Plaintiff was a RESIDENT of NY when out-of-state claim arose, NY Court will apply the NY SOL, regardless of which SOL is longer. |
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