Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/31

Click to flip

31 Cards in this Set

  • Front
  • Back
Real Property action, by state or its grantee
20 years
Enforcement of judgments
20 years
Bonds, recovery of principal or interest
20 years
Real Property (not by state)
10 years
Redeem mortgage
10 years
Annul letter of patent
10 years
Damages against criminal D by victim of serious crime
10 years from date of conviction for the crime
Contract actions (non-UCC A2)
6 years
Sealed intruments
6 years
Fraud
6 years from commission OR

2 years from date of discovery
Equity
6 years
Indemnity and Contribution actions
6 years from payment of judgment
Contracts (UCC A2 sale of goods)
4 years
Personal injury (negligence, strict liability)
3 years from date of injury, as against ALL Ds
Personal injury (toxic exposure)
- 3 years from date injury discovered / should have been discovered OR

- 1 year from date of discovery of cause IF:

1. P didn’t know cause when found injury;
2. Found cause w/n 5 yrs after injury; and
3. Tech or medical knowledge re: cause couldn’t have been determined w/n 2 yrs of injury.

*N/A to med mal claims
Property Damage (conversion, replevin)
3 yrs
Professional Malpractice (NOT med mal)
3 yrs from termination of service or date of completion
Personal Injury & Architects/Engineers
3 years from date of injury.

If > 10 yrs after building complete:
1. P must serve notice min. 90 days prior
2. may get discovery during 90 day period, and
3. if D moves for SJ, P must show substantial basis that D’s negligence was proximate cause.
Med Mal
2.5 yrs from date of malpractice or, if continuous treatment, from date of termination of treatment.
Med Mal: Foreign Objects
2.5 years from date of operation OR

1 year from date of discovery should have discovered.

"Foreign Object" = something doctor did not intend to leave behind. NOT injected toxins.
Wrongful death
2 yrs from date of death.

Must show underlying personal injury claim had not expired on date of death.
Survival claim / Death of P
Longer of:
- 1 year from date of death OR
- Time remaining on SOL
Intentional torts to the person: assault, battery, false imprisonment, defamation
1 year, tolled for period of criminal prosecution for same occurrence
Toll for Disability

(insanity, military service)
If disability at time cause accrued, SOL tolled until disability removed.

Once SOL runs again:
- If orig. SOL 3 yrs+: commence w/n 3 yrs.
- If origin. SOL < 3 yrs: commence w/n original SOL.

BUT if insane at time of accrual: must commence w/n 10 years from date of accrual.
Toll for Infancy
If cause of axn in favor of infant, SOL tolled until reaches 18.


Once SOL runs again:
- If orig. SOL 3 yrs+: commence w/n 3 yrs.
- If origin. SOL < 3 yrs: commence w/n original SOL.

BUT if med mal claim: must commence w/n 10 years from date of accrual.
Toll for Death of D
SOL tolled for 18 months
Toll for D's Absence from NY
IF D NOT in NY when cause accrued: SOL tolled until he comes to NY.

If D was in NY when cause accrued, but leaves and is continuously absent for min. 4 months: tolled for period of absence.

BUT NO TOLL if P could get valid personal jurisdiction over D through other means (e.g. knew address + could mail).
Toll for Dismissal Before Trial
If axn was timely commenced but is dismissed before trial, AND SOL has expired or has less than 6 months left:

P has 6 month grace period from date of dismissal to commence same axn against same D.

NOT APPLICABLE IF DISMISSAL:
1. On the merits
2. P's voluntary discontinuance
3. P's neglect to prosecute
4. Lack of personal jurisdiction
Toll for Commencement against Joined Party ("party united in interest")
Timely commencement against original D will TOLL SOL as against newly joined party IF:
1. claims arise out of same conduct;
2. parties share liability; and
3. new party knew/should have known that axn would have been brought against him but for P's mistake.
NY Borrowing Statute
If cause of axn arose outside of NY and that state's SOL is different:

1. If P was a NY resident when claim arose: use NY SOL.

2. If P was a non-resident: use shorter SOL.
SOL and Counterclaims
If counterclaim would have been timely as of date of P's commencement, then countercalim is timely.

Even if not timely, counterclaim can be asserted as a setoff IF it arises out of same events.