CPLR Article 2: Statute of Limitations Flashcards

Vocabulary terms and definitions related to the New York Civil Practice Law and Rules (CPLR) Article 2 regarding Statutes of Limitations.

Accrued

The point in time when the person suffered the injury, used as the starting point for measuring the statute of limitations.

Action Interposed

The ending time when the time period stops for the statute of limitations, generally occurring when papers are served on the defendant.

Action Commenced by Service (Complete)

Occurs when a summons is served or first published, an order for a provisional remedy or attachment is granted, or a summons is delivered to a sheriff (upstate) or filed with the county clerk (NYC).

Provisional Remedies (CPLR §6001)

Legal measures including injunction, receivership, notice of pendency, and attachment.

Stay (CPLR 204)

A temporary stoppage of a lawsuit where the duration of the stay is not calculated in the statute of limitations period.

Tolls

A mechanism that suspends the calculation of time for the statute of limitations.

CPLR 205 (Termination of Action)

Allows a plaintiff to refile within $6$ months of termination unless the termination was due to specific reasons like Voluntary Discontinuance.

CPLR 207 (Special Circumstances)

When a person resides in New York under a false name, the time period does not start until they return to the State correctly.

Infancy/Insanity (CPLR 208)

Legal disabilities (being under $18$ years old or legally insane) that extend the period of time allowed to commence a lawsuit.

CPLR 208(b) (Sexual Crimes)

Grants victims of sexual crimes committed prior to age $18$ an extension to file until their $55^{\text{th}}$ birthday.

CPLR 209 (War)

Extends the time to file a lawsuit until the war is over if the cause of action arose in a foreign country at war with the United States.

CPLR 210 (Death of Plaintiff)

If the claimant dies before the statute of limitations expires, the time to file is extended to $1$ year after death.

CPLR 210 (Death of Defendant)

If the person liable dies before the statute of limitations expires, the time to file is extended to $18$ months after death.

20-Year Statute of Limitations

Applies to Bond, Money Judgment, actions by the State for Real Property, and Support, Alimony, or Maintenance enforcement.

10-Year Statute of Limitations

Applies to actions to recover Real Property, Annulment of Letters Patent, redeeming a mortgage, or when a criminal benefits from a crime.

6-Year Statute of Limitations

Applies to actions on a contract, fraud, mistake, misappropriation of public property, and residential rent overcharges.

3-Year Statute of Limitations

Applies to personal injury, property damage, medical debt, malpractice (other than medical/dental/podiatric), or recovery of a chattel.

Medical, Dental, or Podiatric Malpractice SOL

$2 \frac{1}{2}$ years, or within $1$ year of discovery of a foreign object.

1-Year Statute of Limitations

Applies to actions for assault, false imprisonment, malicious prosecution, libel, slander, penalties, or arbitration awards.

Phenotype Herbicides SOL

Within $2$ years from the date of discovery.

Toxic Burn Pits SOL

Within $3$ years from the date of discovery of the injury.

Failure to Diagnose Cancer SOL

Starts when the person knew or should have known of the failure, with a maximum of $7$ years from the alleged misdiagnosis.