New York Statute of Limitations for Civil Cases
New York Statutes of Limitations for Civil Cases
Understanding the statute of limitations is critical for any litigant in New York. Missing the deadline can result in permanent loss of your right to sue, and courts rarely grant exceptions. This guide covers the primary causes of action under New York's Civil Practice Law and Rules (CPLR).
Personal Injury
Limitation Period: 3 years
Statute Citation: CPLR § 214(5)
When the Clock Starts: Generally, from the date of the injury or incident. For injuries that develop over time, the clock may start when the plaintiff discovers or reasonably should have discovered the injury.
Personal injury claims cover bodily harm from negligence, assault, battery, and similar torts. The three-year period is one of New York's most commonly cited limitations.
Breach of Written Contract
Limitation Period: 6 years
Statute Citation: CPLR § 213(2)
When the Clock Starts: From the date of the breach. If the contract involves successive performances (like an installment agreement), the clock starts when each installment is breached, not from the original contract date.
Written contracts include all agreements documented in writing, regardless of formality. The longer six-year window reflects the greater reliability of written evidence.
Breach of Oral Contract
Limitation Period: 6 years
Statute Citation: CPLR § 213(2)
When the Clock Starts: From the date of the breach, following the same rule as written contracts.
Although oral contracts are harder to prove, New York grants them the same six-year period as written ones. However, note that oral contracts for the sale of land fall under the Statute of Frauds and have different rules.
Fraud
Limitation Period: 6 years
Statute Citation: CPLR § 213(8)
When the Clock Starts: Generally from the date the fraud is discovered or, with reasonable diligence, should have been discovered. This is not when the fraudulent act occurred, but when the plaintiff knew (or should have known) about it.
Discovery Rule Application: Fraud claims benefit significantly from the discovery rule. A plaintiff who reasonably did not know they were defrauded may file years after the fraudulent act, as long as they file within six years of discovery.
Property Damage
Limitation Period: 3 years
Statute Citation: CPLR § 214(4)
When the Clock Starts: From the date the property is injured. This applies to real property, personal property, and chattels.
Property damage claims cover negligent or intentional harm to real estate, vehicles, equipment, and other property. Like personal injury, the three-year period begins at the moment of damage.
Medical Malpractice
Limitation Period: 2.5 years (or 2 years and 6 months)
Statute Citation: CPLR § 214-a
When the Clock Starts: From the date of the alleged malpractice or, under the discovery rule, from when the plaintiff discovered or reasonably should have discovered the malpractice.
Absolute Repose Period (Statute of Repose): 7 years from the date of the alleged malpractice, with limited exceptions. This means that even if a plaintiff discovers malpractice years later, they generally cannot sue if more than 7 years have passed since the medical treatment in question.
Important Exception: The repose period does NOT apply if:
Medical malpractice is one of New York's most restrictive limitations. The 2.5-year discovery period is shorter than most torts, and the 7-year repose period is absolute in most cases. Courts interpret these strictly.
Wrongful Death
Limitation Period: 2 years
Statute Citation: CPLR § 214-b
When the Clock Starts: From the date of death.
Wrongful death claims, brought by the decedent's estate or beneficiaries, have New York's shortest general limitation period. The 2-year window is measured from death, not from the negligent act that caused it. For example, if someone is injured negligently but dies two years later, the wrongful death clock starts from the death date.
Defamation, Libel, and Slander
Limitation Period: 1 year
Statute Citation: CPLR § 213(3)
When the Clock Starts: From the date of publication (for libel) or utterance (for slander).
Defamation has New York's shortest general limitation period. Libel—written, printed, or broadcast defamation—and slander—oral defamation—both run one year from the offending statement. This reflects the traditional common law rule and balances reputational harm against free speech interests.
Trespass
Limitation Period: 3 years
Statute Citation: CPLR § 214(4)
When the Clock Starts: From the date of the trespass. If the trespass is continuous (like erecting a structure on another's land), each day may constitute a separate trespass, but typically the claim accrues when the unauthorized entry or occupation begins.
Trespass can involve real property (unauthorized entry onto land) or personal property (wrongful interference). The three-year period is the same as personal injury and property damage.
Debt Collection and Promissory Notes
Limitation Period: 6 years
Statute Citation: CPLR § 213(2)
When the Clock Starts: From the date payment was due. For promissory notes, this is typically the maturity date. For open accounts or ongoing credit relationships, courts have sometimes applied a different rule, though most debt claims use the 6-year baseline.
Practical Note: Creditors often attempt to restart the clock by obtaining a payment or written acknowledgment of the debt. A debtor's partial payment or written promise to pay can potentially reset the limitations period under certain circumstances, though this is a complex area requiring careful analysis.
The Discovery Rule (Delayed Accrual)
New York recognizes the discovery rule for certain claims, particularly fraud, medical malpractice, and some negligence claims. Under this rule, the statute of limitations begins to run when the plaintiff discovered or, with reasonable diligence, should have discovered the injury or wrong—not necessarily when the wrongful act occurred.
The discovery rule is NOT automatic. Courts apply it narrowly and require the plaintiff to demonstrate:
Tolling Provisions
Tolling temporarily pauses or extends the statute of limitations under specific circumstances:
Minority
If the plaintiff is under 18 years old when the cause of action accrues, the statute of limitations does not begin to run until they reach age 18. CPLR § 213 contains this provision. However, for medical malpractice, the tolling rule is more complex—children have until age 18 or 2.5 years after discovery, whichever is longer, but the absolute 7-year repose period still applies.
Mental Incapacity
If the plaintiff is mentally incapacitated and has no guardian, the statute may be tolled. The plaintiff must establish the incapacity; it does not occur automatically. CPLR § 213(4) governs this tolling.
Absence from New York State
If the defendant is continuously absent from New York and has no agent within the state, the statute of limitations is tolled during the absence. Once the defendant returns or appoints an agent, the limitations period resumes. CPLR § 213(4).
Military Service
A plaintiff on active military duty may have the statute of limitations tolled. However, this tolling is narrow and typically requires the plaintiff to be unable to file suit due to military obligations.
Infancy and Insanity
These tolling provisions may extend the deadline, but they do NOT override the absolute repose period for medical malpractice. A child injured by medical malpractice must still file before the 7-year repose expires, even if they have not yet turned 18.
Practical Advice: Calculating Accurately and Avoiding Pitfalls
When to File
File your complaint well before the deadline—ideally several months early. The statute of limitations expires at the end of the day on which the deadline falls, but courts may dismiss your case if you file on the final day and procedural errors occur.
Notice of Claim
For certain defendants (particularly municipalities, schools, and public entities), New York requires filing a Notice of Claim within a much shorter timeframe, often 90 days to one year, as a prerequisite to suit. Missing this deadline may bar your claim entirely, regardless of the statute of limitations. CPLR § 214-a applies to municipalities; verify the specific deadline for your defendant.
Calculating the Deadline
If the statute of limitations is 3 years from January 15, 2021, the deadline is January 15, 2024. If January 15, 2024 falls on a Sunday, filing on Monday may still be timely, but check local court rules.
Filing vs. Service
Filing your complaint with the court starts the statute of limitations. You generally have 120 days to serve the defendant after filing, but missing the service deadline does NOT extend your statute of limitations deadline.
What Happens If You Miss the Deadline
If you file after the statute of limitations has expired, the defendant can move to dismiss under CPLR § 3211. Courts rarely grant relief. Some narrow exceptions exist (fraud by the defendant, active concealment), but the safest approach is always to file before the deadline.
Contractual Limitations Clauses
Some contracts contain their own limitations periods shorter than the statutory ones. Courts generally enforce these if they meet legal requirements, so review your contract carefully.