New York Statutes of Limitations

Classify before counting

New York has different limitation periods for contract, tort, statutory and equitable claims. A six-year period under CPLR 213 applies to many contract actions where no shorter rule controls, while many negligence claims have a three-year period under CPLR 214. Specific statutes create exceptions and special deadlines. Identify the gravamen of the claim rather than relying only on the label in the complaint.

The same facts can support more than one theory with different limitation periods. A plaintiff cannot avoid a shorter statute simply by relabeling a negligence claim as a contract claim. Examine the duty allegedly breached and the relief sought.

Find the statute

Start with CPLR Article 2, then check the substantive statute for a special period. CPLR 213 includes a six-year period for many contract obligations and a fraud rule that generally uses the greater of six years from accrual or two years from actual or reasonably discoverable fraud, subject to statutory limitations. CPLR 214 includes three-year periods for specified claims, including many personal-injury and property-damage torts.

Other provisions may govern medical malpractice, professional negligence, wrongful death, statutory claims, consumer matters and claims against public entities. A notice of claim can impose a separate pre-suit deadline even when the action's limitation period has not expired. Read the whole provision and any cross-reference.

Determine accrual

Accrual generally occurs when the claim becomes enforceable, often when the wrongful act or breach happens and injury is sustained. The discovery of damage does not automatically postpone accrual. Fraud and some specialized claims have statutory discovery rules; apply those provisions rather than importing a general discovery rule.

Contract accrual commonly begins at breach, even if the plaintiff does not yet know the full extent of damages. A claim based on a series of payments or continuing obligations can present a different issue. Identify the act, obligation and injury that create the specific cause of action.

Calculate the deadline

Once the period and accrual date are known, calculate the last day to commence the action under New York's commencement rules. In New York, an action is generally commenced by filing, but service must follow within the statutory period and comply with applicable rules. Do not confuse filing with completing service.

Check whether weekends, holidays, court closures or special statutory rules affect the final day. For a claim against a municipality or public authority, notice-of-claim and leave requirements may arise much earlier than the lawsuit deadline.

Tolls and extensions

A toll suspends the running of the period in specified circumstances. New York law contains rules for infancy, insanity, absence from the state in limited cases, death, military service and other situations. The precise statute and its conditions control. A party's difficulty discovering evidence or negotiating settlement does not automatically toll the period.

A written agreement may sometimes extend or shorten a limitation period subject to statutory restrictions. An acknowledgment or partial payment can affect particular debt claims. Determine whether the facts meet the exact statutory requirements before adjusting the calculation.

Choice of law and borrowing statute

A New York court may need to decide which jurisdiction's limitation period applies. CPLR 202, the borrowing statute, can require use of the shorter period when a nonresident sues on a claim accruing outside New York, subject to its terms and exceptions. Identify plaintiff residence, place of accrual and any applicable choice-of-law rule.

For cross-border claims, do not assume New York's domestic period governs. Determine where the claim accrued and whether CPLR 202 borrows a foreign limitations rule.

A timed issue checklist

1. Identify the claim's gravamen and any special statutory category.
2. Find the applicable CPLR section or substantive statute.
3. State the accrual event and date supported by the facts.
4. Count the period and determine commencement and service requirements.
5. Check discovery rules, tolls, extensions, notice of claim and borrowing statute.
6. State the deadline and any fact that could change it.

A useful answer shows the arithmetic and the governing reason. If a breach occurred on March 1 and a six-year period applies, explain why that period covers the claim and whether a toll or special statute changes the date. Avoid giving only a deadline without showing the legal path.

Classify the claim by substance

The limitation period follows the claim's gravamen and any controlling statute, not just the caption. A plaintiff may describe a complaint as breach of contract, negligence or fraud, but the court examines the duty allegedly violated and the relief sought. Claims from the same event can have different accrual rules and deadlines.

A contractor performs defective work under a written agreement. A claim for failure to meet a contractual specification may be governed by a contract period; a claim alleging negligent construction may fall under a tort period. The facts and legal duty control. Do not relabel a tort claim to obtain a longer period, and do not assume all claims arising from a contract share one deadline.

Accrual usually precedes discovery of the full loss

For many contract claims, accrual begins when the contract is breached, even if the plaintiff does not yet know the full extent of damages. Many tort claims accrue when injury occurs. Discovery rules apply only where a statute or doctrine provides them. Identify the event that made the particular claim enforceable before counting years.

If a payment is due on a stated date and is not made, the breach may occur when payment is due. If a claim concerns a series of missed installments, each missed payment may raise its own timing question. A continuing relationship does not automatically restart a period for an earlier completed breach. Write the dates on a timeline rather than relying on the complaint's discovery date.

Fraud and special statutes require their own calculation

CPLR 213 provides a six-year period for many contract actions and includes a special fraud calculation that generally considers six years from accrual or two years from actual or reasonably discoverable fraud, subject to the statute's details. Do not apply the fraud discovery rule to every claim involving concealment. First determine that the cause of action is fraud and then apply the statutory formula and any outer limit.

Other claims may have shorter or specialized periods, including certain personal injury, professional negligence, wrongful death and statutory causes. Claims against public entities can require a notice of claim before suit and impose separate timing conditions. Identify both the ordinary action period and any preliminary notice or leave requirement.

Calculate filing and service distinctly

New York generally commences an action by filing, but service must follow within the applicable period and comply with the CPLR. For a deadline calculation, state the accrual date, governing period and last day to file. Then check service and proof requirements separately. Filing near the last day is not a reason to ignore service.

Example: a contract payment is due on June 1, 2020, and the seller files on May 30, 2026. If a six-year period applies and no toll or special limitation controls, the filing is before the sixth anniversary. The seller must still complete service as required. The calculation would be different if the claim accrued on an earlier breach date or a shorter statute applied.

Tolls and extensions need statutory facts

A toll pauses a limitation period only when the governing statute recognizes the circumstance and its conditions are met. New York has rules addressing matters such as infancy, insanity, absence from the state in limited circumstances, death and military service. Do not assume settlement discussions, difficulty finding evidence or a defendant's informal promise to pay automatically tolls the period.

An acknowledgment or partial payment may affect particular debt claims, and written agreements can sometimes modify limitation periods subject to statutory restrictions. Identify the exact provision and required form. A vague statement that “the parties extended the deadline” is not enough unless the law and facts support it.

Apply the borrowing statute to cross-border claims

CPLR 202 can require a New York court to apply the shorter of New York's limitation period and the period of the place where the claim accrued when a nonresident sues on a claim accruing outside New York, subject to the statute's terms. The plaintiff's residence and the place of injury or breach can therefore change the deadline.

A New Jersey resident injured in New Jersey sues a New York company in New York after New Jersey's shorter period has expired. Analyze CPLR 202 rather than assuming the New York filing forum supplies its longer period. Determine where the claim accrued, the plaintiff's residence, both limitation periods and any exception. Jurisdiction over the defendant and choice of limitation period are different questions.

A calculation worksheet

1. Name each cause of action and its substantive gravamen.
2. Find the specific CPLR or other statutory period.
3. Identify the accrual event and date for that claim.
4. Calculate the ordinary deadline.
5. Check discovery rules, tolls, extensions, notice requirements and borrowing statute.
6. Confirm commencement by filing and separately analyze service.

A good limitations answer shows the path to the date. If the prompt omits a tolling fact, say what result follows without a toll and which fact would matter if one is established. Do not give an unqualified deadline when the claim type, accrual or cross-border rule remains unresolved.