New York Statute of Limitations: Deadlines for Every Case Type
The statute of limitations is a legal deadline — miss it and your case is permanently barred, no matter how strong your claim. New York has different deadlines for different types of cases. Here is a comprehensive reference.
Why Deadlines Matter So Much
Once the statute of limitations expires:
- The defendant can file a motion to dismiss
- Courts will grant it almost automatically
- No exceptions are available (with very limited tolling rules)
- You permanently lose the right to pursue compensation
Do not wait. Contact an attorney well before you believe any deadline is approaching.
New York Civil Statute of Limitations Quick Reference
| Case Type | Deadline | Clock Starts |
|---|---|---|
| Personal injury | 3 years | Date of accident |
| Medical malpractice | 2 years, 6 months | Date of malpractice (or end of continuous treatment) |
| Wrongful death | 2 years | Date of death |
| Defamation (libel/slander) | 1 year | Date of publication |
| Fraud | 6 years (or 2 years from discovery) | Date of fraud or discovery |
| Breach of written contract | 6 years | Date of breach |
| Breach of oral contract | 6 years | Date of breach |
| Property damage | 3 years | Date of damage |
| False imprisonment | 1 year | Date of release |
| Legal malpractice | 3 years | Date of malpractice |
| Products liability | 3 years | Date of injury |
| Toxic tort (latent injury) | 3 years | Date of discovery |
Government Defendants: Much Shorter Deadlines
Suing a city, county, or state agency in New York is subject to strict additional requirements:
- Notice of Claim: Must be filed within 90 days of the incident (for NYC and most municipalities)
- Lawsuit: Must be filed within 1 year and 90 days of the incident
Missing the 90-day notice deadline almost always bars the entire claim. This applies to accidents on public property, city buses, NYPD misconduct, public hospital malpractice, and NYC Housing Authority incidents.
Discovery Rule: When the Clock Starts Later
For some cases, the limitations period begins when you discovered (or reasonably should have discovered) the harm:
- Toxic exposure cases
- Some fraud cases
- Medical malpractice involving foreign objects left in the body
- Sexual abuse cases (New York significantly extended these deadlines)
Adult Survivors Act: Extended Deadlines for Sexual Abuse
New York's Adult Survivors Act (ASA) and Child Victims Act (CVA) have significantly extended or temporarily revived the statute of limitations for sexual abuse claims. If you were a victim, consult an attorney immediately — revival windows are time-limited.
Tolling: When the Clock Pauses
Certain circumstances toll (pause) the statute of limitations:
- Minority: Clock doesn't run while the plaintiff is under 18 (with some exceptions)
- Mental incapacity: Clock pauses during legal incapacity
- Defendant absence from New York: Time outside the state may not count
- Bankruptcy stay: Automatic stay may toll the limitations period
Criminal Statutes of Limitations in New York
- Murder: No statute of limitations
- Class A felonies (rape 1st degree, arson 1st): No limit
- Most other felonies: 5 years
- Most misdemeanors: 2 years
- Petty offenses: 1 year
Don't Guess — Get Legal Advice
Statute of limitations questions are technical and the consequences of getting it wrong are permanent. LegalisLaw connects you with New York attorneys who can evaluate your deadline and take immediate action to protect your rights.
[Get a free legal consultation today — time may be running out.]