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24 Cards in this Set
- Front
- Back
Limitations Period: Personal Injury/Property Damage
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3 years
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Limitations Period: Contract
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6 years
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Accrual: Personal Injury/Property Damage
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Injury occurs at the original impact/accident
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Accrual: Contract
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Injury occurs at breach
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When is the Statute of Limitations Satisfied
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When an action is commenced by filing process with the clerk of the court on or before the last day of S/L period.
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Limitations/Accural: Medical Malpractice
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2.5 years
Runs from the date of the malpractice |
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Rule: Continuous Treatment Rule
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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. |
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Rule: Foreign Object Rule
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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) |
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Limitations/Accrual: Non-Medical Professional Malpractice
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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) |
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Special Rule: Personal Injury Against Architects Engineers
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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. |
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Limitations/Accural: Products Liability
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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 |
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Limitations/Accural: Indemnity and Contribution
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6 years
Running from the date of actual PAYMENT of the judgment for which indemnity or contribution is sought |
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Special Rule: Injury from Exposure to Toxic Substances
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Runs from the date injury was discovered or should have been discovered with reasonable diligence.
Does NOT apply to medical malpractice claims. |
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Tolling: absence from NY
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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 |
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Tolling: legal disability
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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. |
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Special Rule: Infancy Toll and Medical Malpractice
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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*** |
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Special Rule: Tolling for Insanity
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Claims of insane plaintiffs are time-barred after 10 years from the date of accrual, regardless of claim or tolling.
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Limitations/Accrual: Wrongful Death
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2 years
From the date of death. Must also show that at time of death, underlying personal injury claim was still timely. |
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Tolling: Survival Claim
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If a claim was still timely at time of P's death, executor gets EITHER time REMAINING or ONE YEAR--whichever is longer.
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Tolling: Death of Defendant
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If a potential Defendant dies at ANY TIME before the S/L expires, ADD 18 MONTHS.
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Tolling: 6 month grace period
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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.
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Tolling: Exceptions to 6 month grace period
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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 |
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Rule: NY Borrowing Statute
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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 |
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Limitations/Accrual: Assault
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1 year
Not included in personal injury S/L |