NYC Law : Statute of Limitations Period

Statutes of limitations protect defendants from stale claims and preserve the integrity of the legal process. Without these time limits, individuals could face legal action years or decades after an event occurred, when evidence may be lost or memories may fade. In New York courts, judges strictly enforce statutory deadlines, and failure to file within the prescribed period typically results in dismissal of the claim. Understanding these deadlines is critical for both plaintiffs seeking to preserve their rights and defendants protecting their interests.

In New York, the most common civil statute of limitations is six years for contract claims and six years for actions based on fraud or breach of warranty. Personal injury claims, including negligence and assault, generally have a three-year statute of limitations from the date of injury. Medical malpractice claims must be brought within two years and six months from the date of the alleged malpractice, with some exceptions for discovery of hidden injuries. Property damage claims typically follow the six-year rule for breach of contract or the three-year rule for negligence. Real estate and boundary dispute claims may have longer periods depending on the nature of the underlying legal theory.

Under New York Penal Law, criminal statutes of limitations depend on the severity of the charge. Misdemeanor offenses generally have a two-year statute of limitations from the date the crime was committed. Felony offenses have longer periods: most felonies have a five-year statute of limitations, while certain serious crimes, such as rape, murder, and trafficking, have no statute of limitations. For example, if you are charged with a felony offense, the prosecution must file charges within five years of the alleged crime. Prosecutors in New York courts are well versed in calculating these deadlines, and defense attorneys routinely challenge charges that exceed the applicable period.

In New York County Supreme Court and other trial courts throughout NYC, defendants routinely file motions to dismiss based on the statute of limitations expiring. Judges in these courts apply the statute of limitations strictly and do not grant extensions except in narrow circumstances recognized by case law, such as when a defendant is continuously absent from the state or when equitable tolling applies. The New York Court of Appeals has established that the statute of limitations begins running from the date the cause of action accrues, which is typically the date of injury or the date the defendant's wrongful conduct occurred. Attorneys practicing in New York courts must be meticulous about calculating these deadlines, as missing the statute of limitations deadline can result in complete loss of the client's claim or defense.

Tolling is a legal doctrine that suspends or extends the statute of limitations under specific circumstances. In New York, the discovery rule applies to certain cases, meaning the statute of limitations begins running not from the date of the wrongful act but from the date the plaintiff discovered or reasonably should have discovered the injury. This rule frequently applies in medical malpractice cases where a patient may not immediately realize that an injury was caused by negligent treatment.

 Equitable tolling may apply when a defendant actively conceals the cause of action or when the plaintiff is under a legal disability, such as minority or mental incapacity. For matters involving solicitation charges and related criminal conduct, prosecutors must be aware of tolling doctrines that may extend the statute of limitations; more information can be found in our guide on the Statute of Limitations for Solicitation.

When a defendant engages in continuous or repeated wrongful conduct, the statute of limitations may run separately for each distinct act or may run from the date of the last wrongful act. This principle applies to ongoing breaches of contract, repeated fraud, or continuing torts. Additionally, in certain commercial disputes and real estate matters governed by NYC law, such as those involving broker conduct and licensing requirements, the accrual date may be affected by the nature of the transaction. 

For example, in real estate transactions subject to the NYC Broker Fee Law, disputes over broker commissions and related claims must be brought within the applicable statute of limitations period, which typically runs from the date the broker fee dispute arose or the date the plaintiff discovered the improper fee.

Attorneys in New York courts frequently encounter statute of limitations issues, and judges will strictly enforce these deadlines. If you believe your claim may be time barred or if you are defending against a claim that exceeds the statute of limitations, you should consult with an experienced attorney who can evaluate your specific situation and advise you on your legal rights and obligations.