> This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.

# Wrongful Death Statute Of Limitations in New York

New York’s wrongful death statute of limitations is set by N.Y. C.P.L.R. § 214, which establishes a three-year period for commencing an action. This governing authority applies to claims brought on behalf of a deceased person’s estate and beneficiaries, requiring that any lawsuit be filed within that timeframe from the date of death. The official text of this rule is accessible through the New York State Senate website. The worked example below demonstrates how this three-year limit applies to a specific factual scenario. To estimate the deadline for a particular case, the DocketMath calculator can compute the precise filing window using the relevant dates and this statutory rule.

## Governing authority

In New York, the statute of limitations rule is set by **N.Y. C.P.L.R. § 214**. The verified packet cites N.Y. C.P.L.R. § 214 (https://www.nysenate.gov/legislation/laws/CVP/214).

## Deadline example

For a New York wrongful death limitations check, use the verified limitations period from the current rule packet: **3 years**. The authority packet cites N.Y. C.P.L.R. § 214 (https://www.nysenate.gov/legislation/laws/CVP/214).

Example inputs:
- Accrual date: 2024-04-25
- Filing date checked: 2026-04-25

Calculation:
- Start with the accrual date.
- Add 3 years.
- The example deadline is **2027-04-25**.

This example is generated from the verified facts packet rather than freeform prose. Confirm tolling, discovery rules, and claim-specific exceptions before relying on the date.

**Estimate your own result:** every situation has exceptions that can change the outcome. Use the wrongful death statute of limitations calculator to estimate your specific figure.

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_This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction._


New York’s wrongful death statute of limitations is set by N.Y. C.P.L.R. § 214, which establishes a three-year period for commencing an action. This governing

Wrongful Death Statute Of Limitations in New York

NY SOL verified against CPLR Art. 2 primary sources via Browserless/nysenate.gov on 2026-04-23 (ANO-831 sweep). DEEPENING PASS 2026-04-27: top-level claim_types map (which previously held bare {period,type} entries with no provenance) was rebuilt with per-claim citation + source_url + raw_statute_text + t2_human verification block by re-fetching all seven primary statutes via Wayback mirror of nysenate.gov OpenLegislation (live nysenate fetches still 403). All 15 of 15 claim types verified against primary; 0 nulled. UCC § 2-725 raw text was previously null pending retry; that gap is now filled (promoted verified-secondary -> verified). product_liability and premises_liability documented in notes as having no separate NY SOL — both fall under § 214(5) PI umbrella; trespass falls under § 214(4) property-injury umbrella; oral contracts fall under § 213(2) (no separate oral-contract provision). government_tort_claim is a 90-day NOTICE-of-claim period under Gen. Mun. Law § 50-e(1)(a), not a suit SOL.

2. an action upon a contractual obligation or liability, express or implied, except as provided in section two hundred thirteen-a or two hundred fourteen-i of this article or article 2 of the uniform commercial code or article 36-B of the general business law;

8. an action based upon fraud; the time within which the action must be commenced shall be the greater of six years from the date the cause of action accrued or two years from the time the plaintiff or the person under whom the plaintiff claims discovered the fraud, or could with reasonable diligence have discovered it.

(a) In any case founded upon tort where a notice of claim is required by law as a condition precedent to the commencement of an action or special proceeding against a public corporation, as defined in the general construction law, or any officer, appointee or employee thereof, the notice of claim shall comply with and be served in accordance with the provisions of this section within ninety days after the claim arises; except that in wrongful death actions, the ninety days shall run from the appointment of a representative of the decedent's estate. Notwithstanding any provision of law to the contrary, this section shall not apply to any otherwise time-barred civil claims or causes of action revived by section two hundred eight-a of the civil practice law and rules. This exemption shall not apply to any claim that was timely under the otherwise applicable statute of limitations.

6. an action to recover damages for malpractice, other than medical, dental or podiatric malpractice, regardless of whether the underlying theory is based in contract or tort;

The following actions shall be commenced within one year: ... 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;

An action for medical, dental or podiatric malpractice must be commenced within two years and six months of the act, omission or failure complained of or last treatment where there is continuous treatment for the same illness, injury or condition which gave rise to the said act, omission or failure; provided, however, that: (a) where the action is based upon the discovery of a foreign object in the body of the patient, the action may be commenced within one year of the date of such discovery or of the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier; and (b) where the action is based upon the alleged negligent failure to diagnose cancer or a malignant tumor, whether by act or omission, the action may be commenced within two years and six months of the later of either (i) when the person knows or reasonably should have known of such alleged negligent act or omission and knows or reasonably should have known that such alleged negligent act or omission has caused injury, provided, that such action shall be commenced no later than seven years from such alleged negligent act or omission, or (ii) the date of the last treatment where there is continuous treatment for such injury, illness or condition.

5. an action to recover damages for a personal injury except as provided in sections 214-b, 214-c, 214-i and 215;

4. an action to recover damages for an injury to property except as provided in section 214-c;

An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.

Such an action must be commenced within two years after the decedent's death; provided, however, that an action on behalf of a decedent whose death was caused by the terrorist attacks on September eleventh, two thousand one, other than a decedent identified by the attorney general of the United States as a participant or conspirator in such attacks, must be commenced within two years and six months after the decedent's death.

(b) where the action is based upon the alleged negligent failure to diagnose cancer or a malignant tumor, whether by act or omission, the action may be commenced within two years and six months of the later of either (i) when the person knows or reasonably should have known of such alleged negligent act or omission and knows or reasonably should have known that such alleged negligent act or omission has caused injury, provided, that such action shall be commenced no later than seven years from such alleged negligent act or omission, or (ii) the date of the last treatment where there is continuous treatment for such injury, illness or condition.

(a) If a person entitled to commence an action is under a disability because of infancy or insanity at the time the cause of action accrues, and the time otherwise limited for commencing the action is three years or more and expires no later than three years after the disability ceases, or the person under the disability dies, the time within which the action must be commenced shall be extended to three years after the disability ceases or the person under the disability dies, whichever event first occurs; if the time otherwise limited is less than three years, the time shall be extended by the period of disability. The time within which the action must be commenced shall not be extended by this provision beyond ten years after the cause of action accrues, except, in any action other than for medical, dental or podiatric malpractice, where the person was under a disability due to infancy.

The following actions must be commenced within six years: 1. an action for which no limitation is specifically prescribed by law; 2. an action upon a contractual obligation or liability, express or implied, except as provided in section two hundred thirteen-a or two hundred fourteen-i of this article or article 2 of the uniform commercial code or article 36-B of the general business law;

§ 213-c. Action by victim of conduct constituting certain sexual offenses. Notwithstanding any other limitation set forth in this article, except as provided in subdivision (b) of section two hundred eight of this article, all civil claims or causes of action brought by any person for physical, psychological or other injury or condition suffered by such person as a result of conduct which would constitute rape in the first degree as defined in section 130.35 of the penal law, or rape in the second degree as defined in subdivision four, five or six of section 130.30 of the penal law, or rape in the second degree as defined in former subdivision two of section 130.30 of the penal law, or rape in the third degree as defined in subdivision one, two, three, seven, eight or nine of section 130.25 of the penal law, or a crime formerly defined in section 130.50 of the penal law, or a crime formerly defined in subdivision two of section 130.45 of the penal law, or a crime formerly defined in subdivision one or three of section 130.40 of the penal law, or incest in the first degree as defined in section 255.27 of the penal law, or incest in the second degree as defined in section 255.26 of the penal law (where the crime committed is rape in the second degree as defined in subdivision four, five or six of section 130.30 of the penal law, or rape in the second degree as formerly defined in subdivision two of section 130.30 of the penal law, or a crime formerly defined in subdivision two of section 130.45 of the penal law), or aggravated sexual abuse in the first degree as defined in section 130.70 of the penal law, or course of sexual conduct against a child in the first degree as defined in section 130.75 of the penal law may be brought against any party whose intentional or negligent acts or omissions are alleged to have resulted in the commission of the said conduct, within twenty years. Nothing in this section shall be construed to require that a criminal charge be brought or a criminal conviction be obtained as a condition of bringing a civil cause of action or receiving a civil judgment pursuant to this section or be construed to require that any of the rules governing a criminal proceeding be applicable to any such civil action.

The following actions must be commenced within six years: 1. an action for which no limitation is specifically prescribed by law

§ 213. Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud. The following actions must be commenced within six years: 1. an action for which no limitation is specifically prescribed by law; 2. an action upon a contractual obligation or liability, express or implied, except as provided in section two hundred thirteen-a or two hundred fourteen-i of this article or article 2 of the uniform commercial code or article 36-B of the general business law; 3. an action upon a sealed instrument; 4. an action upon a bond or note, the payment of which is secured by a mortgage upon real property, or upon a bond or note and mortgage so secured, or upon a mortgage of real property, or any interest therein; ... 5. an action by the state based upon the spoliation or other misappropriation of public property ...; 6. an action based upon mistake; 7. an action by or on behalf of a corporation against a present or former director, officer or stockholder ...; 8. an action based upon fraud; the time within which the action must be commenced shall be the greater of six years from the date the cause of action accrued or two years from the time the plaintiff or the person under whom the plaintiff claims discovered the fraud, or could with reasonable diligence have discovered it. 9. an action by the attorney general pursuant to article twenty-three-A of the general business law or subdivision twelve of section sixty-three of the executive law.

§ 213. Actions to be commenced within six years: where not otherwise
provided for; on contract; on sealed instrument; on bond or note, and
mortgage upon real property; by state based on misappropriation of
public property; based on mistake; by corporation against director,
officer or stockholder; based on fraud. The following actions must be
commenced within six years:

1. an action for which no limitation is specifically prescribed by
law;

2. an action upon a contractual obligation or liability, express or
implied, except as provided in section two hundred thirteen-a or two
hundred fourteen-i of this article or article 2 of the uniform
commercial code or article 36-B of the general business law;

3. an action upon a sealed instrument;

4. an action upon a bond or note, the payment of which is secured by a
mortgage upon real property, or upon a bond or note and mortgage so
secured, or upon a mortgage of real property, or any interest therein;

(a) In any action on an instrument described under this subdivision,
if the statute of limitations is raised as a defense, and if that
defense is based on a claim that the instrument at issue was accelerated
prior to, or by way of commencement of a prior action, a plaintiff shall
be estopped from asserting that the instrument was not validly
accelerated, unless the prior action was dismissed based on an expressed
judicial determination, made upon a timely interposed defense, that the
instrument was not validly accelerated.

(b) In any action seeking cancellation and discharge of record of an
instrument described under subdivision four of section fifteen hundred
one of the real property actions and proceedings law, a defendant shall
be estopped from asserting that the period allowed by the applicable
statute of limitation for the commencement of an action upon the
instrument has not expired because the instrument was not validly
accelerated prior to, or by way of commencement of a prior action,
unless the prior action was dismissed based on an expressed judicial
determination, made upon a timely interposed defense, that the
instrument was not validly accelerated.

5. an action by the state based upon the spoliation or other
misappropriation of public property; the time within which the action
must be commenced shall be computed from discovery by the state of the
facts relied upon;

6. an action based upon mistake;

7. an action by or on behalf of a corporation against a present or
former director, officer or stockholder for an accounting, or to procure
a judgment on the ground of fraud, or to enforce a liability, penalty or
forfeiture, or to recover damages for waste or for an injury to property
or for an accounting in conjunction therewith.

8. an action based upon fraud; the time within which the action must
be commenced shall be the greater of six years from the date the cause
of action accrued or two years from the time the plaintiff or the person
under whom the plaintiff claims discovered the fraud, or could with
reasonable diligence have discovered it.

9. an action by the attorney general pursuant to article
twenty-three-A of the general business law or subdivision twelve of
section sixty-three of the executive law.

§ 211. Actions to be commenced within twenty years. ... (e) For support, alimony or maintenance. An action or proceeding to enforce any temporary order, permanent order or judgment of any court of competent jurisdiction which awards support, alimony or maintenance, regardless of whether or not arrears have been reduced to a money judgment, must be commenced within twenty years from the date of a default in payment. This section shall only apply to orders which have been entered subsequent to the date upon which this section shall become effective.

(b) A prosecution for any other felony must be commenced within five years after the commission thereof;

an action based upon fraud; the time within which the action must be commenced shall be the greater of six years from the date the cause of action accrued or two years from the time the plaintiff or the person under whom the plaintiff claims discovered the fraud, or could with reasonable diligence have discovered it.

The following actions must be commenced within six years: 1. an action for which no limitation is specifically prescribed by law; 2. an action upon a contractual obligation or liability, express or implied, except as provided in section two hundred thirteen-a or two hundred fourteen-i of this article or article 2 of the uniform commercial code or article 36-B of the general business law; 3. an action upon a sealed instrument; 4. an action upon a bond or note, the payment of which is secured by a mortgage

The following actions must be commenced within six years: 1. an action for which no limitation is specifically prescribed by law; 2. an action upon a contractual obligation or liability, express or implied

The following actions must be commenced within three years: ... 6. an action to recover damages for malpractice, other than medical, dental or podiatric malpractice, regardless of whether the underlying theory is based in contract or tort;

§ 214-a. Action for medical, dental or podiatric malpractice to be commenced within two years and six months; exceptions. An action for medical, dental or podiatric malpractice must be commenced within two years and six months of the act, omission or failure complained of or last treatment where there is continuous treatment for the same illness, injury or condition which gave rise to the said act, omission or failure; provided, however, that: (a) where the action is based upon the discovery of a foreign object in the body of the patient, the action may be commenced within one year of the date of such discovery or of the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier; and (b) where the action is based upon the alleged negligent failure to diagnose cancer or a malignant tumor, whether by act or omission, the action may be commenced within two years and six months of the later of either (i) when the person knows or reasonably should have known of such alleged negligent act or omission and knows or reasonably should have known that such alleged negligent act or omission has caused injury, provided, that such action shall be commenced no later than seven years from such alleged negligent act or omission, or (ii) the date of the last treatment where there is continuous treatment for such injury, illness or condition. For the purpose of this section the term "continuous treatment" shall not include examinations undertaken at the request of the patient for the sole purpose of ascertaining the state of the patient's condition. For the purpose of this section the term "foreign object" shall not include a chemical compound, fixation device or prosthetic aid or device.

The following actions must be commenced within six years: 4. an action upon a bond or note, the payment of which is secured by a mortgage upon real property, or upon a bond or note and mortgage so secured, or upon a mortgage of real property, or any interest therein;

A prosecution for a class A felony, or rape in the first degree as defined in section 130.35 of the penal law, or a crime defined or formerly defined in section 130.50 of the penal law, or aggravated sexual abuse in the first degree as defined in section 130.70 of the penal law, or course of sexual conduct against a child in the first degree as defined in section 130.75 of the penal law, or incest in the first degree as defined in section 255.27 of the penal law may be commenced at any time

The following actions must be commenced within three years: 5. an action to recover damages for a personal injury except as provided in sections 214-b, 214-c, 214-i and 215;

The following actions must be commenced within three years: ... 5. an action to recover damages for a personal injury except as provided in sections 214-b, 214-c, 214-i and 215;

The following actions must be commenced within three years: ... 4. an action to recover damages for an injury to property except as provided in section 214-c;

The following actions must be commenced within three years: 1. an action against a sheriff, constable or other officer for the non-payment of money collected upon an execution; 2. an action to recover upon a liability, penalty or forfeiture created or imposed by statute except as provided in sections 213 and 215; 3. an action to recover a chattel or damages for the taking or detaining of a chattel; 4. an action to recover damages for an injury to property except as provided in section 214-c; 5. an action to recover damages for a personal injury except as provided in sections 214-b, 214-c, 214-i and 215; 6. an action to recover damages for malpractice, other than medical, dental or podiatric malpractice, regardless of whether the underlying theory is based in contract or tort; and 7. an action to annul a marriage on the ground of fraud.

Notwithstanding any other limitation set forth in this article, except as provided in subdivision (b) of section two hundred eight of this article, all civil claims or causes of action brought by any person for physical, psychological or other injury or condition suffered by such person as a result of conduct which would constitute rape in the first degree as defined in section 130.35 of the penal law, or rape in the second degree as defined in subdivision four, five or six of section 130.30 of the penal law, or rape in the second degree as defined in former subdivision two of section 130.30 of the penal law, or rape in the third degree as defined in subdivision one, two, three, seven, eight or nine of section 130.25 of the penal law, or a crime formerly defined in section 130.50 of the penal law, or a crime formerly defined in subdivision two of section 130.45 of the penal law, or a crime formerly defined in subdivision one or three of section 130.40 of the penal law, or incest in the first degree as defined in section 255.27 of the penal law, or incest in the second degree as defined in section 255.26 of the penal law (where the crime committed is rape in the second degree as defined in subdivision four, five or six of section 130.30 of the penal law, or rape in the second degree as formerly defined in subdivision two of section 130.30 of the penal law, or a crime formerly defined in subdivision two of section 130.45 of the penal law), or aggravated sexual abuse in the first degree as defined in section 130.70 of the penal law, or course of sexual conduct against a child in the first degree as defined in section 130.75 of the penal law may be brought against any party whose intentional or negligent acts or omissions are alleged to have resulted in the commission of the said conduct, within twenty years.

§ 208. Infancy, insanity. (a) If a person entitled to commence an action is under a disability because of infancy or insanity at the time the cause of action accrues, and the time otherwise limited for commencing the action is three years or more and expires no later than three years after the disability ceases, or the person under the disability dies, the time within which the action must be commenced shall be extended to three years after the disability ceases or the person under the disability dies, whichever event first occurs; if the time otherwise limited is less than three years, the time shall be extended by the period of disability. The time within which the action must be commenced shall not be extended by this provision beyond ten years after the cause of action accrues, except, in any action other than for medical, dental or podiatric malpractice, where the person was under a disability due to infancy. This section shall not apply to an action to recover a penalty or forfeiture, or against a sheriff or other officer for an escape.

Notwithstanding any other provision of law, an action to recover upon a liability imposed by this article must be commenced within six years. The statute of limitations shall be tolled from the date an employee files a complaint with the commissioner or the commissioner commences an investigation, whichever is earlier, until an order to comply issued by the commissioner becomes final, or where the commissioner does not issue an order, until the date on which the commissioner notifies the complainant that the investigation has concluded. Investigation by the commissioner shall not be a prerequisite to nor a bar against a person bringing a civil action under this article.

The personal representative, duly appointed in this state or any other jurisdiction, of a decedent who is survived by distributees may maintain an action to recover damages for a wrongful act, neglect or default which caused the decedent's death against a person who would have been liable to the decedent by reason of such wrongful conduct if death had not ensued. Such an action must be commenced within two years after the decedent's death; provided, however, that an action on behalf of a decedent whose death was caused by the terrorist attacks on September eleventh, two thousand one, other than a decedent identified by the attorney general of the United States as a participant or conspirator in such attacks, must be commenced within two years and six months after the decedent's death.

§ 214-c. Certain actions to be commenced within three years of discovery. 1. In this section 'exposure' means direct or indirect exposure by absorption, contact, ingestion, inhalation, implantation or injection. 2. Notwithstanding the time limitation contained in section 214, the time within which to commence an action by or on behalf of a person having a cause of action for personal injury or injury to property caused by the latent effects of exposure to any substance or combination of substances, in any form, upon or within the body or upon or within property shall be computed from the date of discovery of the injury by the plaintiff or from the date when through the exercise of reasonable diligence such injury should have been discovered by the plaintiff, whichever is earlier. 5. This section shall not be applicable to any action for medical or dental malpractice.

The statute of limitations may be tolled until the injured party discovers the injury (toxic-tort/exposure under CPLR 214-c; fraud under 213(8); cancer misdiagnosis under 214-a(b) w/ 7-yr repose).

For minors under CPLR § 208(a), the statute is tolled until the minor reaches the age of 18, subject to a 10-year cap (except infancy in non-medical/dental/podiatric malpractice actions).

If a person is mentally incapacitated (insanity under CPLR § 208(a)), the statute of limitations is tolled during the period of disability, subject to a 10-year cap.

Action by a victim of conduct constituting a sexual offense committed against them as a minor may be commenced on or before the plaintiff reaches the age of 55.

The following actions must be commenced within three years: ... 4. an action to recover damages for an injury to property except as provided in section 214-c; 5. an action to recover damages for a personal injury except as provided in sections 214-b, 214-c, 214-i and 215; 6. an action to recover damages for malpractice, other than medical, dental or podiatric malpractice, regardless of whether the underlying theory is based in contract or tort;

New York imposes a three-year statute of limitations on personal-injury actions pursuant to CPLR § 214(5), which states that 'an action to recover damages for a personal injury except as provided in sections 214-b, 214-c, 214-i and 215' must be commenced within three years. The three-year period is the default rule for ordinary personal-injury claims (e.g., negligence-based bodily injury), subject to enumerated exceptions in CPLR 214-b (phenoxy-herbicide exposure), 214-c (latent injury from subs

Under N.Y. CPLR § 213(2), an action upon a contractual obligation or liability, express or implied — including a written contract — must be commenced within six years, subject to the express carve-outs for CPLR 213-a (residential rent overcharge), CPLR 214-i, UCC Article 2 (sale of goods, which is governed by UCC § 2-725's four-year period), and General Business Law Article 36-B. The chapeau of § 213 sets the six-year period; subdivision (2) supplies the contract-specific rule.

Under New York CPLR § 215, 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 Civil Rights Law § 51 must be commenced within one year (subd. 3). Subdivision 8(a) gives the plaintiff at least one year from termination of any parallel criminal action against the same defendant arising from the same event, and 8(b) extends that floor to at least five years for

Under N.Y. C.P.L.R. § 214(5), an action to recover damages for a personal injury must be commenced within three years, except as provided in §§ 214-b (DES), 214-c (latent toxic exposure with discovery rule), 214-i (Adult Survivors Act), and 215 (intentional torts, 1 year). This three-year limit governs general negligence-based PI in New York.

Under N.Y. C.P.L.R. § 213(8), an action based upon fraud must be commenced within the greater of (a) 6 years from accrual OR (b) 2 years from when the plaintiff discovered or, with reasonable diligence, could have discovered the fraud.

Under N.Y. C.P.L.R. § 213(2), an action upon a contractual obligation or liability (express or implied) must be commenced within 6 years, except as provided in §§ 213-a, 214-i, UCC Article 2, and GBL Article 36-B. NY case law treats account-stated as a contractual obligation under (2).

Under N.Y. Lab. Law § 663(3), an action to recover upon a liability imposed by Article 6 of the Labor Law must be commenced within 6 years (longest state wage SOL in the country). The 6-year period is tolled while a Labor Commissioner investigation is pending.

Under N.Y. C.P.L.R. § 213(4), an action upon a bond or note secured by a mortgage on real property, or upon the mortgage itself, must be commenced within 6 years. The 2022 Foreclosure Abuse Prevention Act (L.2022, ch. 821) added subsections (a)-(b) restricting unilateral re-acceleration to reset the clock.

Under N.Y. C.P.L.R. § 208(b) (Child Victims Act, L.2019, c.11), civil claims for childhood sexual abuse may be commenced on or before the plaintiff reaches the age of 55. This applies to penal-law-defined sexual offenses, incest, or use in a sexual performance committed when the plaintiff was under 18. The 2019 CVA also created a 1-year revival window in § 214-g (extended to 2yr; window closed 2021-08-14). The 2022 Adult Survivors Act § 214-j created a separate 1-year revival window for adult su

Under N.Y. Est. Powers & Trusts Law § 5-4.1, the personal representative of a decedent may maintain an action for damages for the wrongful act, neglect, or default that caused the death. The action must be commenced within 2 years after the decedent's death. A special 2.5-year period applies to decedents whose death was caused by the 9/11 attacks (excluding participants/conspirators).

Under N.Y. C.P.L.R. § 208(a), if a person entitled to commence an action is under a disability because of infancy or insanity when the cause of action accrues, the SOL is tolled. If the underlying SOL is 3+ years, the action may be commenced within 3 years after the disability ceases. If less than 3 years, the SOL is extended by the period of disability. A 10-year outer cap applies except for infancy in non-medical/dental/podiatric-malpractice claims. Does not apply to penalty/forfeiture or sher

Under N.Y. U.C.C. § 2-725(1), an action for breach of any contract for sale must be commenced within four years after the cause of action accrued. Parties may reduce to not less than 1 year by original agreement, but may not extend.

Under N.Y. C.P.L.R. § 213-c (L.2019, ch. 315, eff. Sept 18, 2019), civil claims for adult sexual assault constituting enumerated rape/criminal-sexual-act/incest offenses must be brought within 20 years. Adult Survivors Act § 214-j revival window (Nov 24, 2022 – Nov 23, 2023) is closed.

Under N.Y. C.P.L.R. § 211(e), an action or proceeding to enforce a court order or judgment for support, alimony, or maintenance must be commenced within 20 years from the date of a default in payment. Applies to orders entered after § 211(e)'s effective date (L. 1987, ch. 815).

In New York, an action to recover damages for assault or battery (as intentional torts) must be commenced within one year, per N.Y. C.P.L.R. § 215(3). The one-year period also covers false imprisonment, malicious prosecution, libel, slander, false words causing special damages, and violations of the right of privacy under N.Y. Civil Rights Law § 51. This period is distinct from C.P.L.R. § 214(5)'s three-year period, which governs negligence-based personal injury claims, not intentional torts. Th

A breach-of-fiduciary-duty action in New York must be commenced within six years under CPLR 213(1) when the relief sought is equitable, and within three years under CPLR 214(4) when the relief sought is purely monetary damages.

Under N.Y. U.C.C. § 2-725(1), an action for breach of any contract for sale of goods governed by UCC Article 2 — including breach of express or implied warranty — must be commenced within four years after the cause of action has accrued. By § 2-725(2), a breach-of-warranty cause of action accrues when tender of delivery is made, regardless of the aggrieved party's lack of knowledge of the breach, except that where a warranty explicitly extends to future performance of the goods and discovery of 

New York imposes a three-year statute of limitations on legal-malpractice actions pursuant to N.Y. C.P.L.R. § 214(6), which requires that 'an action to recover damages for malpractice, other than medical, dental or podiatric malpractice, regardless of whether the underlying theory is based in contract or tort' be commenced within three years. The three-year period applies uniformly to attorney malpractice (and to other non-medical professional malpractice, e.g., accountant, architect, engineer) 

Under N.Y. C.P.L.R. § 215(3), an action to recover damages for libel (written defamation), slander, false words causing special damages, assault, battery, false imprisonment, malicious prosecution, or violation of the right of privacy under section 51 of the New York Civil Rights Law must be commenced within one year. New York applies the single-publication rule: the limitations period for libel accrues on the date of first publication of the defamatory matter; republication restarts the clock o

An action upon a contractual obligation or liability — express or implied, oral or written — must be commenced within 6 years from accrual under CPLR 213(2). The statute exempts: (i) residential rent overcharge actions (CPLR 213-a); (ii) actions arising out of merger or acquisition (CPLR 214-i); (iii) UCC Article 2 sale-of-goods contracts (4-year SOL under UCC § 2-725); and (iv) actions under General Business Law Article 36-B. Outside those carve-outs, oral contracts on services, loans, or other

Under N.Y. C.P.L.R. § 214(5), a product-liability action seeking damages for personal injury caused by a defective product must be commenced within three years. This three-year period applies whether the theory of recovery is strict products liability, negligence, or breach-of-warranty personal injury. Toxic-tort / latent-exposure product claims instead fall under § 214-c, which preserves a three-year period but measures it from the date the injury was discovered or should have been discovered. 

An action for trespass to real property in New York must be commenced within three years. CPLR § 214(4) prescribes a three-year limitation for 'an action to recover damages for an injury to property,' and New York treats trespass to real property as an injury-to-property action governed by this subdivision.

Under CPL § 30.10(2)(a), a prosecution for a class A felony 'may be commenced at any time.' Murder in the first degree (PL § 125.27) is a Class A-I felony — New York's most serious felony classification and a subtype of class A. The no-limitation rule therefore applies to first-degree murder without any time bar. CPL § 30.10(2)(b) sets a 5-year period for 'any other felony,' and CPL § 30.10(2)(c) sets 2 years for misdemeanors — both provisions are wholly inapplicable because first-degree murder 

Under N.Y. CPLR § 214(4), an action to recover damages for an injury to property must be commenced within three years. This applies to claims for damage to personal property (e.g., negligent or intentional destruction of chattels). The § 214-c discovery-accrual carve-out applies only where latent property damage results from exposure to a substance (toxic-tort context) and is inapposite to ordinary personal property damage claims.

Statute of limitations for wrongful death in US-NY is 2 years under N.Y. Est. Powers & Trusts Law § 5-4.1.

Statute of limitations for legal malpractice in US-NY is 3 years under N.Y. C.P.L.R. § 214(6).

Statute of limitations for ucc sale of goods in US-NY is 4 years under N.Y. U.C.C. § 2-725(1).

Statute of limitations for fraud in US-NY is 6 years under N.Y. C.P.L.R. § 213(8).

Statute of limitations for property damage in US-NY is 3 years under N.Y. C.P.L.R. § 214(4).

Statute of limitations for trespass in US-NY is 3 years under N.Y. C.P.L.R. § 214(4).

Statute of limitations for mortgage foreclosure in US-NY is 6 years under N.Y. C.P.L.R. § 213(4).

Statute of limitations for wage and hour overtime state in US-NY is 6 years under N.Y. Lab. Law § 663(3).

Statute of limitations for child support enforcement modification in US-NY is 20 years under N.Y. C.P.L.R. § 211(e).

Statute of limitations for account stated open account in US-NY is 6 years under N.Y. C.P.L.R. § 213(2).

Statute of limitations for intentional torts in US-NY is 1 years under CPLR § 215(3).

Statute of limitations for breach of warranty in US-NY is 4 years under N.Y. U.C.C. § 2-725(1).

Statute of limitations for personal injury in US-NY is 3 years under N.Y. C.P.L.R. § 214(5).

Statute of limitations for product liability in US-NY is 3 years under N.Y. C.P.L.R. § 214(5).

Statute of limitations for premises liability in US-NY is 3 years under N.Y. C.P.L.R. § 214(5).

Statute of limitations for breach written contract in US-NY is 6 years under N.Y. CPLR § 213.

Statute of limitations for libel in US-NY is 1 years under N.Y. C.P.L.R. § 215(3).

Statute of limitations for slander in US-NY is 1 years under N.Y. C.P.L.R. § 215(3).

Statute of limitations for assault and battery intentional tort in US-NY is 1 years under N.Y. C.P.L.R. § 215(3).

Statute of limitations for medical malpractice in US-NY is 2 years and six months under N.Y. C.P.L.R. § 214-a.

Statute of limitations for breach oral contract in US-NY is 6 years under N.Y. C.P.L.R. § 213(2).

Statute of limitations for adult sexual assault rape civil in US-NY is 20 years under N.Y. C.P.L.R. § 213-c.

Under N.Y. C.P.L.R. § 213(2), an action upon a contractual obligation or liability, express or implied, must be commenced within six years; a promissory note is a written contract, so an action on a promissory-note debt is governed by this six-year period.

In New York, an action to collect credit-card or open-account debt is an action upon a contractual obligation and must be commenced within six years under N.Y. C.P.L.R. § 213(2).

New York general statute of limitations for contract actions is 6 years under CPLR § 213(2). For actions with no specific limitation prescribed by law, 6 years also applies under CPLR § 213(1).

An unjust-enrichment/restitution claim seeking a quasi-contractual remedy is governed by N.Y. CPLR § 213, which sets a 6 years limitations period for contract-type actions.

A New York Class D (4th degree) felony — being a felony other than a Class A felony — must be prosecuted within 5 years after commission.

New York civil claims by a victim of conduct constituting certain sexual offenses (including rape) may be brought within 20 years under N.Y. C.P.L.R. § 213-c.

New York actions to recover damages for libel or slander must be commenced within one year under N.Y. C.P.L.R. § 215(3).

The personal representative, duly appointed in this state or any other jurisdiction, of a decedent who is survived by distributees may maintain an action to recover damages for a wrongful act, neglect or default which caused the decedent's death against a person who would have been liable to the decedent by reason of such wrongful conduct if death had not ensued. Such an action must be commenced within two years after the decedent's death.

The following actions must be commenced within six years: ... 2. an action upon a contractual obligation or liability, express or implied, except as provided in section two hundred thirteen-a or two hundred fourteen-i of this article or article 2 of the uniform commercial code or article 36-B of the general business law;

An action for medical, dental or podiatric malpractice must be commenced within two years and six months of the act, omission or failure complained of or last treatment where there is continuous treatment for the same illness, injury or condition which gave rise to the said act, omission or failure; ... (b) where the action is based upon the alleged negligent failure to diagnose cancer or a malignant tumor, whether by act or omission, the action may be commenced within two years and six months of the later of either (i) when the person knows or reasonably should have known of such alleged negligent act or omission and knows or reasonably should have known that such alleged negligent act or omission has caused injury, provided, that such action shall be commenced no later than seven years from such alleged negligent act or omission, or (ii) the date of the last treatment where there is continuous treatment for such injury, illness or condition.

(a) If a person entitled to commence an action is under a disability because of infancy or insanity at the time the cause of action accrues, and the time otherwise limited for commencing the action is three years or more and expires no later than three years after the disability ceases, or the person under the disability dies, the time within which the action must be commenced shall be extended to three years after the disability ceases or the person under the disability dies, whichever event first occurs; ... (b) ... with respect to all civil claims or causes of action brought by any person for physical, psychological or other injury or condition suffered by such person as a result of conduct which would constitute a sexual offense as defined in article one hundred thirty of the penal law committed against such person who was less than eighteen years of age, ... such action may be commenced, against any party whose intentional or negligent acts or omissions are alleged to have resulted in the commission of said conduct, on or before the plaintiff or infant plaintiff reaches the age of fifty-five years.

§ 207. Defendant's absence from state or residence under false name. If, when a cause of action accrues against a person, he is without the state, the time within which the action must be commenced shall be computed from the time he comes into or returns to the state. If, after a cause of action has accrued against a person, that person departs from the state and remains continuously absent therefrom for four months or more, or that person resides within the state under a false name which is unknown to the person entitled to commence the action, the time of his absence or residence within the state under such a false name is not a part of the time within which the action must be commenced. If an action is commenced against a person described above, the time within which service must be made on such person in accordance with subdivisions (a) and (b) of section 306-b shall be computed in accordance with this section. This section does not apply: 1. while there is in force a designation, voluntary or involuntary, made pursuant to law, of a person to whom a summons may be delivered within the state with the same effect as if served personally within the state; or 2. while a foreign corporation has one or more officers or other persons in the state on whom a summons against such corporation may be served; or 3. while jurisdiction over the person of the defendant can be obtained without personal delivery of the summons to the defendant within the state.

§ 207. Defendant's absence from state or residence under false name. If, when a cause of action accrues against a person, he is without the state, the time within which the action must be commenced shall be computed from the time he comes into or returns to the state. If, after a cause of action has accrued against a person, that person departs from the state and remains continuously absent therefrom for four months or more, or that person resides within the state under a false name which is unknown to the person entitled to commence the action, the time of his absence or residence within the state under such a false name is not a part of the time within which the action must be commenced. This section does not apply: 1. while there is in force a designation, voluntary or involuntary, made pursuant to law, of a person to whom a summons may be delivered within the state with the same effect as if served personally within the state; or 2. while a foreign corporation has one or more officers or other persons in the state on whom a summons against such corporation may be served; or 3. while jurisdiction over the person of the defendant can be obtained without personal delivery of the summons to the defendant within the state.

If a person entitled to commence an action is under a disability because of infancy or insanity at the time the cause of action accrues, and the time otherwise limited for commencing the action is three years or more and expires no later than three years after the disability ceases, or the person under the disability dies, the time within which the action must be commenced shall be extended to three years after the disability ceases or the person under the disability dies, whichever event first occurs; if the time otherwise limited is less than three years, the time shall be extended by the period of disability. The time within which the action must be commenced shall not be extended by this provision beyond ten years after the cause of action accrues, except, in any action other than for medical, dental or podiatric malpractice, where the person was under a disability due to infancy. This section shall not apply to an action to recover a penalty or forfeiture, or against a sheriff or other officer for an escape.

Wrongful Death Statute Of Limitations in New York

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Wrongful Death Statute Of Limitations in New York

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