NY Practice SOL

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NY Practice SOL
2013-06-15 09:29:53
NewYorkPractice barbri statuteoflimitations SOL nybar NY

new york bar prep. Subject: new york practice statute of limitations
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  1. action on a judgment
    20 year SOL
  2. action to recover realty
    • 10 years
    • note same period as adverse posession
  3. action by crime victim against convicted Defendant of a serious crime
    10 yrs. note period runs from date of conviction. Victim may also sue for damages up to 3 yrs from discovery of Def's receipt of money or property from any source.
  4. action by crime victim against convicted def for ANY crime
    7 yrs. Note, period runs from date of crime
  5. contracts, (not UCC)
    6 yrs. Accrual on date of breach regardless of P's lack of knowledge
  6. K : indemnity and contribution
    6 yrs. Accrual on date of payment for which indemnity of contribution is sought.
  7. Fraud
    6 yrs. P may sue within 6 yrs of commission of fraud, or 2 yrs of discovery (actual or imputed), whichever is LONGER.
  8. equity actions (recission, reformation, accounting)
    6 yrs
  9. action by victim of rape related felony
    5 yrs. Period runs from date of crime. If perp prosecuted victim gets extra 5 yrs from termination of crim proceedings (regardless of conviction or acquittal).
  10. K governed by UCC art 2 SOG
    4 yrs. Breach of warranty claim accrues upon tender of delivery
  11. personal injury based on negligence and strict liability
    3 yrs. Personal injury and prop damage claims accrue on date original injury occurs. No discovery rule applies except in cases of toxic substances.
  12. property damage (includes conversion and replevin)
    3 yrs.
  13. professional malpractice (non-medical)
    3 yrs
  14. medical, dental, and podiatric malpractice
    2.5 yrs. Cause of action generally accrues on date of malpractice. Exception for continuous treatment (period runs from end of treatment). Exception for foreign objects (one yr from discovery if insuff time under 2.5 sol).
  15. wrongful death
    • 2 yrs. 2 yrs runs from date of death, except it must ALSO be shown that SOL on decedent's underlying pers inj claim had not expired on date of death.
    • If crim proceeding, executor gets optional and independent 1 yr period from termination of crim proceedings.
  16. personal injury and prop damage claims against municipal defendants
    1 yr and 90 days. P must also show that she served a notice of claim on the municipal def within 90 days of accident as CONDITION PRECEDENT. The court has discretion to allow a late service of notice claim, but in no event may such notice extend beyond the SOL period plus any applicable tolling provisions
  17. intentional torts to the person
    1 yr
  18. article 78 proceedings
    4 months