Nys Practice Statute Of Limitations

Front 1

Limitations Period: Personal Injury/Property Damage

Back 1

3 years

Front 2

Limitations Period: Contract

Back 2

6 years

Front 3

Accrual: Personal Injury/Property Damage

Back 3

Injury occurs at the original impact/accident

Front 4

Accrual: Contract

Back 4

Injury occurs at breach

Front 5

When is the Statute of Limitations Satisfied

Back 5

When an action is commenced by filing process with the clerk of the court on or before the last day of S/L period.

Front 6

Limitations/Accural: Medical Malpractice

Back 6

2.5 years
Runs from the date of the malpractice

Front 7

Rule: Continuous Treatment Rule

Back 7

If Dr. continues to treat patient after the malpractice for the exact SAME condition:
THEN 2.5 year period runs from the termination of treatment.

Front 8

Rule: Foreign Object Rule

Back 8

If malpractice due to a foreign object left in the body, limitations period is
EITHER 2.5 years from the operation OR 1 year from the date the object is discovered.

Does not include chemical substances, prosthetics, or device intended to be left in the body (e.g. pacemaker)

Front 9

Limitations/Accrual: Non-Medical Professional Malpractice

Back 9

EXCLUSIVE S/L of 3 years.
Runs from the TERMINATION of the particular services in which the malpractice occured.

Applies only to members of a learned profession (architects, engineers, accountants, attorneys)

Front 10

Special Rule: Personal Injury Against Architects Engineers

Back 10

Because personal injury S/L runs from the date of injury, potentially long-lasting liability.

Accordingly, if more than TEN YEARS after completion of building
1: must serve notice on architect/engineer at least 90 days before suit
2: P may obtain discovery during 90 day period
3: after suit is commenced, D may move for summary judgment requiring P to make an IMMEDIATE evidentiary showing of a SUBSTANTIAL BASIS to believe that D's negligence was proximate cause.

Front 11

Limitations/Accural: Products Liability

Back 11

Negligence: 3 years from INJURY against all Ds in chain of distribution

Strict Liability: 3 years from INJURY against all Ds

Breach of Warranty (UCC): 4 years for sales, running from the DATE of DELIVERY of that particular defendant

Front 12

Limitations/Accural: Indemnity and Contribution

Back 12

6 years
Running from the date of actual PAYMENT of the judgment for which indemnity or contribution is sought

Front 13

Special Rule: Injury from Exposure to Toxic Substances

Back 13

Runs from the date injury was discovered or should have been discovered with reasonable diligence.

Does NOT apply to medical malpractice claims.

Front 14

Tolling: absence from NY

Back 14

If D is NOT IN NYS when Cause of Action accrues, S/L does not begin to run until D comes to NYS.

If D IS in NYS when Cause of Action accrues, but is continuously absent for 4 months or more, S/L TOLLS for the ENTIRE PERIOD of ABSENCE

Front 15

Tolling: legal disability

Back 15

S/L of THREE YEARS OR MORE at the end of disability, P gets either the TIME REMAINING, OR 3 YEARS, whichever is longer.

S/L of less than 3 years: at the end of disability, P gets the statutorily specified period.

Front 16

Special Rule: Infancy Toll and Medical Malpractice

Back 16

When tolling for infancy, malpractice claim MUST be commenced no later than 10 years from the date of accrual.

***do not conflate infancy toll and continuous treatment toll***

Front 17

Special Rule: Tolling for Insanity

Back 17

Claims of insane plaintiffs are time-barred after 10 years from the date of accrual, regardless of claim or tolling.

Front 18

Limitations/Accrual: Wrongful Death

Back 18

2 years
From the date of death.
Must also show that at time of death, underlying personal injury claim was still timely.

Front 19

Tolling: Survival Claim

Back 19

If a claim was still timely at time of P's death, executor gets EITHER time REMAINING or ONE YEAR--whichever is longer.

Front 20

Tolling: Death of Defendant

Back 20

If a potential Defendant dies at ANY TIME before the S/L expires, ADD 18 MONTHS.

Front 21

Tolling: 6 month grace period

Back 21

If an action is timely commenced, then and dismissed after the S/L has expired OR has less than 6 months remaining, Plaintiff has SIX MONTHS to REFILE and serve process on the SAME DEFENDANT.

Front 22

Tolling: Exceptions to 6 month grace period

Back 22

Grace period does not apply to:
1: dismissal on the merits
2: voluntary discontinuance
3: dismissal due to neglect to prosecute
4: dismissal due to lack of PERSONAL jurisdiction

Front 23

Rule: NY Borrowing Statute

Back 23

IF P is NOT NY Resident: apply S/L of state where claim arose if it is SHORTER than NY.

IF P IS a NY Resident: always apply NY S/L

Front 24

Limitations/Accrual: Assault

Back 24

1 year
Not included in personal injury S/L