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NYP 1
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20 YEARS
"Actions on Judgments"
Actions by the STATE or its GRANTEE to recover REAL PROPERTY
Enforcement of judgments
Actions to recover principal or interest on certain bonds
10 YEARS
Actions by private persons to recover REAL PROPERTY
REDEEM a mortgage
Action by CRIME VICTIM against a convicted J for a SERIOUS crime—period runs from date of conviction
7 YEARS
Action by CRIME VICTIM against a CONVICTED ∆ for "ANY" crime
Period runs from date of crime
6 YEARS
1) Contracts, express or implied
(other than UCC Article 2 Sales of Goods)—accrues on date of breach regardless of π's lack of knowledge
2) Indemnity and Contribution
—accrues on date judgment is paid to π
3) Fraud
—π may sue within the LONGER of
6 years of commission of fraud or
2 years of discovery (actual or imputed)
4) Equity actions
—e.g., rescission, reformation, accounting)
5 YEARS
Action by victim of rape-related felony
Period runs from DATE OF CRIME
If perpetrator is prosecuted, π gets an EXTRA 5 YEARS from termination of the criminal proceeding
4 YEARS
Contracts governed by UCC Article 2 Sales of Goods
Breach of Warranty claim accrues upon tender of delivery
3 YEARS
1) PERSONAL INJURY based on negligence and strict liability
—accrual on date of INJURY (except for toxic torts—3 years from DISCOVERY)
2) PROPERTY DAMAGE
, including conversion and replevin
3) PROFESSIONAL MALPRACTICE
, other than medical malpractice
2 and 1/2 YEARS
MEDICAL, DENTAL, AND PODIATRIC MALPRACTICE
Generally accrues on DATE OF MALPRACTICE, except for
continuous treatment (S/L runs from end of treatment)
foreign objects (2 1/2 years from date of operation, or 1 year from discovery)
2 YEARS
WRONGFUL DEATH
S/L runs from date of death, but must ALSO be shown that S/L on underlying personal injury claim was still open at date of death
1 YEAR and 90 DAYS
MUNICIPAL ∆s for PERSONAL INJURY AND PROPERTY DAMAGE
Must present notice of claim to ∆ municipality within 90 DAYS of accident.
Court has discretion to allow late service of notice, but may not extend beyond S/L
1 YEAR
INTENTIONAL TORTS to the person
4 MONTHS
ARTICLE 78 PROCEEDINGS (J/R of certain administrative actions)
Author
paul
ID
23374
Card Set
NYP 1
Description
NYP 1 - Various Statutes of Limitation
Updated
2010-06-13T21:30:13Z
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