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SoL: Actions to recover principal or interest on certain bonds
20 years
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SoL: Enforcement of judgments
20 years
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SoL: Actions by the STATE or its GRANTEE to recover REAL PROPERTY
20 years
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SoL: Actions by private persons to recover REAL PROPERTY
10 years
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SoL: REDEEM a mortgage
10 years
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SoL: Action by CRIME VICTIM against a convicted J for a SERIOUS crime
20 years from date of conviction
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SoL: Action by CRIME VICTIM against a CONVICTED ∆ for any crime
7 years from date of crime.
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SoL: Equity actions—e.g., rescission, reformation, accounting)
6 years
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SoL: Fraud
- π may sue within the LONGER of–
- (a) 6 years of commission of fraud or
- (b) 2 years of discovery (actual or imputed)
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SoL: Indemnity and Contribution
6 years from date of payment for which indemnity or contribution is sought.
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SoL: Contracts, express or implied (other than UCC Article 2 Sales of Goods)
- 6 years. Accrues on date of breach regardless of π's lack of knowledge.
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SoL: Action by victim of rape-related felony
- 5 years from DATE OF CRIME.
- BUT if perpetrator is prosecuted, π gets an EXTRA 5 YEARS from termination of the criminal proceeding.
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SoL: Products Liability–Breach of Warranty
4 years from tender of delivery
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SoL: Contracts governed by UCC Article 2 Sales of Goods
- 4 years.
- Breach of Warranty claim accrues upon tender of delivery
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SoL: PROPERTY DAMAGE, including conversion and replevin
3 years
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SoL: PROFESSIONAL MALPRACTICE, other than medical malpractice
3 years
- Special procedure for personal injury actions against architects and engineers if >10 years after building was completed:
- (a) π must serve notice of claim on the architect or engineer at least 90 days before suit;
- (b) π may obtain pre-action discovery from the potential ∆ during the 90-day waiting period;
- (c) After suit is commenced, if ∆ moves for summary judgment, burden on π to make an immediate evidentiary showing that there is a substantial basis to believe that ∆'s negligence was the proximate cause of the injuries.
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SoL: PERSONAL INJURY based on negligence and strict liability
3 years—accrual on date of INJURY (except for toxic torts—3 years from DISCOVERY)
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SoL: MEDICAL, DENTAL, AND PODIATRIC MALPRACTICE
- 2.5 years
- Generally accrues on DATE OF MALPRACTICE, except for–
- Continuous treatment for the same condition that gave rise to the malpractice. (SoL runs from end of treatment)
- Foreign objects (2.5 years from date of operation, or 1 year from date object was discovered or should have been discovered))
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SoL: Wrongful Death
2 years
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
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SoL: MUNICIPAL ∆s for PERSONAL INJURY AND PROPERTY DAMAGE
1 YEAR and 90 DAYS
- 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
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SoL: Intentional Torts to the Person
1 year
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SoL: ARTICLE 78 PROCEEDINGS (J/R of certain administrative actions)
4 Months
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When does the S/L begin to run?
When the claim accrues: Generally, the claim accrues when the π's INJURY occurs
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SoL for Toxic Substances
3 years S/L begins to run on the earlier of—
- date of actual discovery of injury, or
- date injury should have been discovered with reasonable diligence
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Toll for ∆'s absence from NY state?
- 1) Absent when COA accrues: S/L does not begin running until ∆ returns to NY, OR
- 2) Continuously absent for ≥ 4 months: S/L tolled for entire period of absence
EXCEPTION to both A & B above: No tolling if π has a basis for PJ over absent ∆ such that ∆ could be served with process outside NY (e.g., long-arm statute)
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Toll for π's infancy or insanity (legal disability)
- Rule: S/L is tolled until legal disability clears (e.g., turns 18 or is no longer insane)
- Original S/L ≥ 3 years: S/L expires on the later of (i) 3 years from end of disability, or (ii) statutory period measured from accrual
- Original S/L < 3 years: Original S/L starts running from the end of legal disability
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Outside limit of 10 years in what 2 situations?
- Suit for medical malpractice tolled for infancy must be commenced within 10 years from date of accrual
- Suits tolled for insanity must be commenced within 10 years from accrual, regardless of COA (whether for medical malpractice or otherwise)
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TOLLS FOR DEATH OF POTENTIAL π's
When must an action be commenced for
1) Wrongful death claim?
2) Survival claim?
1) TWO-YEARS from date of death. Must be shown that S/L on underlying claim (e.g., 3 years for negligence) is still open.
- 2) LONGER OF
- time remaining on S/L for underlying claim, OR
- 1 YEAR from date of π's death
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EXTENSION OF TIME FOR DEATH OF POTENTIAL ∆s
By how long is the S/L extended?
18 MONTHS are always added to relevant limitations period where potential ∆ dies AT ANY TIME before the S/L expires
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6-MONTH GRACE PERIOD
1) What is it?
2) When is it available?
3) When is it NOT available?
1) PLAINTIFF GETS 6 MONTHS from date of dismissal to re-file same action and serve process on same ∆
2) AVAILABLE WHEN
- Case is timely commenced, but
- Dismissed before trial, and
- S/L has expired or has less than 6 months remaining at time of dismissal
3) NOT AVAILABLE WHEN
- Dismissal was on merits (claim preclusion)
- Case voluntarily discontinued by π
- Dismissed for neglect to prosecute (note: court must make finding on record of pattern of neglect and delay)
- Lack of personal jurisdiction***
***dismissal for lack of subject matter jurisdiction is entitled to the 6-month extension
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BORROWING STATUTE
If a COA arises outside of NY, which state's S/L will a New York court apply? (hint: different treatment for π's that are non-residents)
1) π was NON-RESIDENT of NY when out-of-state claim arose—use the shorter S/L
2) π was NY RESIDENT when out-of-state claim arose—apply NY S/L
***borrowing statute based on residency, not domicile
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