CPLR Article 2: Statute of Limitations Flashcards

CPLR Article 2: Statute of Limitations Overview

• Definition of Statute of Limitations: This represents the specific timeframe within which a cause of action (lawsuit) must be commenced. Failing to file within this period results in the lawsuit being barred as "too late."

• Measurement of the Statute of Limitations: The period is measured from the time the cause of action accrued to the date that the action is interposed.

  • Accrued: The specific point in time when the person suffered the injury.

  • Action Interposed: The ending point that stops the clock on the statute of limitations period.

• General Rule for Interposition: The clock generally stops when the legal papers are served on the defendant.

• Two Primary Types of Action Commencement:

  • Claim Commenced by Service of Process.

  • Claim Commenced by Filing.

CPLR 203 - Method of Computing Periods of Time

• Criteria for Action Commenced by Service: An action is deemed complete when:

  • The Summons is served on the defendant.

  • The Summons is first published.

  • An order for a provisional remedy is granted (provided the summons is served within $30$ days).

  • An order of attachment is granted.

  • The Summons is delivered to the sheriff for service (upstate New York) or filed with the county clerk (New York City).

  • The 60-Day Rule: In cases of delivery/filing with the sheriff or clerk, the summons or first publication must be served within $60$ days of that delivery.

• Provisional Remedies (CPLR §6001):

  • Injunction.

  • Receivership.

  • Notice of pendency.

  • Attachment (noted as not specifically applicable to the interposition context in this section).

• Action Commenced by Filing: Filing the action officially stops the clock for the Statute of Limitations.

• Terminology for Stopping the Clock:

  • Stay: A temporary stoppage of the lawsuit.

  • Tolls: An action that suspends the calculation of time.

Special Situations and Circumstances (CPLR 203-207)

• Defense or Counterclaim (CPLR 203(d)): These are considered interposed at the time the pleading containing them is served.

• Discovery of New Facts: The action must be brought within $2$ years of the discovery of such facts.

• Failure to Diagnose Cancer: The Statute of Limitations begins to run when the individual knew or should have known of the doctor's failure to diagnose. There is a maximum limit of $7$ years from the date of the alleged misdiagnosis.

• CPLR 204 - Stay: If a lawsuit is temporarily stopped by a stay, the duration of that stay is not calculated as part of the Statute of Limitations period.

• CPLR 205 - Termination of Action: If an action is terminated, the plaintiff may refile within $6$ months of that termination.

  • Exception: Refiling within $6$ months is not permitted if the termination was due to reasons listed in CPLR 205, such as Voluntary Discontinuance.

• CPLR 206 - Demand Requirement: In specific cases where a lawsuit cannot be filed until the plaintiff makes a "demand" upon the defendant, the accrual (start of the SOL) occurs when the right to make that demand is complete.

• CPLR 207 - Absence from the State: If a person is absent from New York State or resides within the state under a false name, the Statute of Limitations does not start (it is tolled) until they return to the state or their identity is known.

CPLR 208 and 209: Extensions for Infancy, Insanity, and War

• Infancy and Insanity (CPLR 208): Extensions are granted if the plaintiff is an infant (under $18$ years of age) or legally insane.

  • Rule for SOL of $3$ years or more: The period is extended to $3$ years after the disability ceases (e.g., the person turns $18$).

  • Rule for SOL of less than $3$ years: The period is extended until the disability ceases (e.g., the point the person turns $18$).

• CPLR 208(b) - Victims of Sexual Crimes:

  • Applies to crimes committed prior to the victim's $18\text{th}$ birthday.

  • Extension for filing: Until the victim reaches their $55\text{th}$ birthday.

  • Revival of Claims: Claims that expired under old Statute of Limitations laws were revived. These can be filed starting $6$ months after the law went into effect, but no later than $2 \frac{1}{2}$ years (per CPLR 214-g).

• CPLR 209 - War: If a cause of action arises in a foreign country with which the United States is at war, the time to file the lawsuit is extended until the war has concluded.

CPLR 210: Extensions Due to Death

• Death of Claimant (Plaintiff): If the plaintiff dies before the Statute of Limitations expires, the time to commence the action is extended to $1$ year after the death.

• Death of Liable Person (Defendant): If the defendant dies before the Statute of Limitations expires, the time is extended to $18$ months after the death.

Categorically Exhaustive Statute of Limitations Durations

• 20-Year Statute of Limitations:

  • Bonds.

  • Money Judgments.

  • Actions by the State for Real Property.

  • Actions by Guarantee of State for Real Property.

  • Support, Alimony, and Maintenance (enforceable for $20$ years from the date of default).

• 15-Year Statute of Limitations:

  • Victims of Sex Trafficking.

• 10-Year Statute of Limitations:

  • Recovery of Real Property.

  • Annulment of Letters Patent.

  • Redemption of a Mortgage.

  • Recovery on an Affidavit of Support.

  • When a criminal benefits from a crime.

• 7-Year Statute of Limitations:

  • Crime Victims (may sue within $7$ years from the date the crime occurred).

• 6-Year Statute of Limitations:

  • Any action where a specific time period is not set by law.

  • Action based on a contract.

  • Action on a sealed instrument.

  • Action on a bond or note secured by real property.

  • Action by the state regarding the misappropriation of public property.

  • Action based on a mistake.

  • Action on behalf of a corporation for an accounting.

  • Action based on fraud.

  • Actions brought by the Attorney General.

  • Overcharge penalties for non-payment of rent.

  • Mortgage upon real property.

  • Residential rent overcharge.

• 5-Year Statute of Limitations:

  • Sexual Offenses.

• 3-Year Statute of Limitations:

  • Action against a Sheriff (execution).

  • Liability imposed by statute.

  • Injury to property.

  • Personal injury.

  • Medical debt.

  • Malpractice (other than medical, dental, or podiatric).

  • Annulment of a marriage based on fraud.

  • Consumer Credit Transactions (CPLR 214-i).

  • Recovery of a chattel.

• 2.5-Year Statute of Limitations ($2 \frac{1}{2}$ years):

  • Medical, Dental, or Podiatric Malpractice.

  • Alternative Discovery Rule: Or within $1$ year of the discovery of a foreign object left in the body.

• 2-Year Statute of Limitations:

  • Exposure to Phenoxy Herbicides.

• 1-Year Statute of Limitations:

  • Actions against a Sheriff, coroner, or constable (for matters other than an execution).

  • Damages resulting from assault, false imprisonment, malicious prosecution, libel, or slander.

  • Penalty.

  • Tenant actions.

  • Arbitration awards.

  • Overcharge of interest.

New Laws and Environmental/Toxic Exposure Specifics

• Phenotype Herbicides: $2$ years from the date of discovery.

• Personal Injury from Substance Exposure: $3$ years from the date of discovery.

• HIV Contraction via Blood Products: Within $2$ years of the effective date of the legislation.

• Superfund Site Exposure: Within $3$ years of the site being designated as a Superfund site.

• Toxic Burn Pits: $3$ years from the date of the discovery of the injury.

Questions & Discussion

• 1. For statute of limitations purposes, a defense or counterclaim is interposed when:

  • Answer: (d) a pleadings containing it is served (CPLR 203(d)).

• 2. In the Supreme and County Courts, the statute of limitations is computed from the time the cause of action ________ to the time the claim is _____:

  • Answer: (b) accrues, interposed (CPLR 203).

• 3. What is the effect on the SOL for a civil action if after the cause of action has accrued against an individual who resides within New York State under a false name?

  • Answer: (a) The statute of limitations is tolled for such period that the individual resides in the state under the false name (CPLR 207).

• 4. For an action against a defendant for injury suffered as a result of a sexual offense when the plaintiff was less than 18, the statute of limitations expires when the plaintiff reaches age:

  • Answer: (d) 55 (CPLR 208-B).

• 5. SOL for a money judgment is:

  • Answer: (a) 20 years (CPLR 211).

• 6. An action to recover real property or its possession cannot be commenced more than _____ years after plaintiff was seized of or possessed the property.

  • Answer: (c) 10 years (CPLR 212).

• 7. Any action where a specific time period is not set by law, must be commenced within:

  • Answer: (c) 6 years after the cause of action accrues (CPLR 213).

• 8. Which of the following has a 6-year SOL? (1) Action based upon mistake; (2) Action upon a mortgage of real property; (3) Action based upon fraud.

  • Answer: (a) All the above (CPLR 213).

• 9. An action to recover damages for malpractice other than medical, dental or podiatric malpractice must be commenced within_____ years.

  • Answer: (d) 3 years (CPLR 214).

• 10. In an action for medical, dental or podiatric malpractice an action based on the discovery of a foreign object in the patient's body:

  • Answer: (d) may be commenced within 1 year of the discovery of the object (CPLR 214-a).