NYP 1

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Author:
paul
ID:
23374
Filename:
NYP 1
Updated:
2010-06-13 17:30:13
Tags:
Various Statutes Limitation
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Description:
NYP 1 - Various Statutes of Limitation
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  1. 20 YEARS

    "Actions on Judgments"
    • Actions by the STATE or its GRANTEE to recover REAL PROPERTY
    • Enforcement of judgments
    • Actions to recover principal or interest on certain bonds
  2. 10 YEARS
    • Actions by private persons to recover REAL PROPERTY
    • REDEEM a mortgage
    • Action by CRIME VICTIM against a convicted J for a SERIOUS crime—period runs from date of conviction
  3. 7 YEARS
    • Action by CRIME VICTIM against a CONVICTED ∆ for "ANY" crime
    • Period runs from date of crime
  4. 6 YEARS
    1) Contracts, express or implied (other than UCC Article 2 Sales of Goods)—accrues on date of breach regardless of π's lack of knowledge

    2) Indemnity and Contribution—accrues on date judgment is paid to π

    3) Fraud—π may sue within the LONGER of

    • 6 years of commission of fraud or
    • 2 years of discovery (actual or imputed)

    4) Equity actions—e.g., rescission, reformation, accounting)
  5. 5 YEARS
    Action by victim of rape-related felony

    • Period runs from DATE OF CRIME
    • If perpetrator is prosecuted, π gets an EXTRA 5 YEARS from termination of the criminal proceeding
  6. 4 YEARS
    Contracts governed by UCC Article 2 Sales of Goods

    Breach of Warranty claim accrues upon tender of delivery
  7. 3 YEARS
    1) PERSONAL INJURY based on negligence and strict liability—accrual on date of INJURY (except for toxic torts—3 years from DISCOVERY)

    2) PROPERTY DAMAGE, including conversion and replevin

    3) PROFESSIONAL MALPRACTICE, other than medical malpractice
  8. 2 and 1/2 YEARS
    MEDICAL, DENTAL, AND PODIATRIC MALPRACTICE

    Generally accrues on DATE OF MALPRACTICE, except for

    • continuous treatment (S/L runs from end of treatment)
    • foreign objects (2 1/2 years from date of operation, or 1 year from discovery)
  9. 2 YEARS
    WRONGFUL DEATH

    S/L runs from date of death, but must ALSO be shown that S/L on underlying personal injury claim was still open at date of death
  10. 1 YEAR and 90 DAYS
    MUNICIPAL ∆s for PERSONAL INJURY AND PROPERTY DAMAGE

    • Must present notice of claim to ∆ municipality within 90 DAYS of accident.
    • Court has discretion to allow late service of notice, but may not extend beyond S/L
  11. 1 YEAR
    INTENTIONAL TORTS to the person
  12. 4 MONTHS
    ARTICLE 78 PROCEEDINGS (J/R of certain administrative actions)

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