Statute of Limitations for Assault and Battery (intentional tort) in New York

How the limitation period applies

The controlling primary authority for US-NY assault and battery intentional tort SOL is N.Y. C.P.L.R. § 215(3). The limitation period is 1 year.

N.Y. C.P.L.R. § 215(3). § 215. Actions to be commenced within one year: against sheriff, coroner or constable; for escape of prisoner; for assault, battery, false imprisonment, malicious prosecution, libel or slander; for violation of right of privacy; for penalty given to informer; on arbitration award. The following actions shall be commenced within one year: 1. an action against a sheriff, coroner or constable, upon a liability incurred by him by doing an act in his official capacity or by omission of an official duty, except the non-payment of money collected upon an execution; 2. an action against an officer for the escape of a prisoner arrested or imprisoned by virtue of a civil mandate; 3. an action to recover damages for assault, battery, false imprisonment, malicious prosecution, libel, slander, false words causing special damages, or a violation of the right of privacy under section fifty-one of the civil rights law; 4. an action to enforce a penalty or forfeiture created by statute and given wholly or partly to any person who will prosecute; if the action is not commenced within the year by a private person, it may be commenced on behalf of the state, within three years after the commission of the offense, by the attorney-general or the district attorney of the county where the offense was committed; and 5. an action upon an arbitration award.

Use the calculator

DocketMath's statute-of-limitations tool can model these timelines once you identify the controlling claim type and accrual date. Use the source panel for the verified primary-source citations.

Open the Statute of Limitations calculator

Sources

• N.Y. C.P.L.R. § 215(3) — N.Y. C.P.L.R. § 215(3)

All sources are official primary law published by www.nysenate.gov.

Corroboration method: government_primary_source_direct_fetch.