NYP 1.txt

Card Set Information

Author:
twiggy924
ID:
26440
Filename:
NYP 1.txt
Updated:
2010-07-12 12:08:06
Tags:
Statute Limitations SoL Tolls Extensions
Folders:

Description:
Statute of Limitations Tolls Extensions
Show Answers:

Home > Flashcards > Print Preview

The flashcards below were created by user twiggy924 on FreezingBlue Flashcards. What would you like to do?


  1. SoL: Actions to recover principal or interest on certain bonds
    20 years
  2. SoL: Enforcement of judgments
    20 years
  3. SoL: Actions by the STATE or its GRANTEE to recover REAL PROPERTY
    20 years
  4. SoL: Actions by private persons to recover REAL PROPERTY
    10 years
  5. SoL: REDEEM a mortgage
    10 years
  6. SoL: Action by CRIME VICTIM against a convicted J for a SERIOUS crime
    20 years from date of conviction

  7. SoL: Action by CRIME VICTIM against a CONVICTED ∆ for any crime
    7 years from date of crime.
  8. SoL: Equity actions—e.g., rescission, reformation, accounting)
    6 years
  9. SoL: Fraud
    • π may sue within the LONGER of–
    • (a) 6 years of commission of fraud or
    • (b) 2 years of discovery (actual or imputed)
  10. SoL: Indemnity and Contribution
    6 years from date of payment for which indemnity or contribution is sought.
  11. SoL: Contracts, express or implied (other than UCC Article 2 Sales of Goods)
    • 6 years. Accrues on date of breach regardless of π's lack of knowledge.
  12. SoL: Action by victim of rape-related felony
    • 5 years from DATE OF CRIME.
    • BUT if perpetrator is prosecuted, π gets an EXTRA 5 YEARS from termination of the criminal proceeding.
  13. SoL: Products Liability–Breach of Warranty
    4 years from tender of delivery
  14. SoL: Contracts governed by UCC Article 2 Sales of Goods
    • 4 years.
    • Breach of Warranty claim accrues upon tender of delivery
  15. SoL: PROPERTY DAMAGE, including conversion and replevin
    3 years
  16. SoL: PROFESSIONAL MALPRACTICE, other than medical malpractice
    3 years

    • Special procedure for personal injury actions against architects and engineers if >10 years after building was completed:
    • (a) π must serve notice of claim on the architect or engineer at least 90 days before suit;
    • (b) π may obtain pre-action discovery from the potential ∆ during the 90-day waiting period;
    • (c) After suit is commenced, if ∆ moves for summary judgment, burden on π to make an immediate evidentiary showing that there is a substantial basis to believe that ∆'s negligence was the proximate cause of the injuries.

  17. SoL: PERSONAL INJURY based on negligence and strict liability
    3 years—accrual on date of INJURY (except for toxic torts—3 years from DISCOVERY)
  18. SoL: MEDICAL, DENTAL, AND PODIATRIC MALPRACTICE
    • 2.5 years
    • Generally accrues on DATE OF MALPRACTICE, except for–

    • Continuous treatment for the same condition that gave rise to the malpractice. (SoL runs from end of treatment)
    • Foreign objects (2.5 years from date of operation, or 1 year from date object was discovered or should have been discovered))
  19. SoL: Wrongful Death
    2 years

    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
  20. SoL: MUNICIPAL ∆s for PERSONAL INJURY AND PROPERTY DAMAGE
    1 YEAR and 90 DAYS

    • 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
  21. SoL: Intentional Torts to the Person
    1 year
  22. SoL: ARTICLE 78 PROCEEDINGS (J/R of certain administrative actions)
    4 Months
  23. When does the S/L begin to run?
    When the claim accrues: Generally, the claim accrues when the π's INJURY occurs
  24. SoL for Toxic Substances
    3 years S/L begins to run on the earlier of—

    • date of actual discovery of injury, or
    • date injury should have been discovered with reasonable diligence
  25. Toll for ∆'s absence from NY state?
    • 1) Absent when COA accrues: S/L does not begin running until ∆ returns to NY, OR
    • 2) Continuously absent for ≥ 4 months: S/L tolled for entire period of absence

    EXCEPTION to both A & B above: No tolling if π has a basis for PJ over absent ∆ such that ∆ could be served with process outside NY (e.g., long-arm statute)
  26. Toll for π's infancy or insanity (legal disability)
    • Rule: S/L is tolled until legal disability clears (e.g., turns 18 or is no longer insane)
    • Original S/L ≥ 3 years: S/L expires on the later of (i) 3 years from end of disability, or (ii) statutory period measured from accrual
    • Original S/L < 3 years: Original S/L starts running from the end of legal disability
  27. Outside limit of 10 years in what 2 situations?
    • Suit for medical malpractice tolled for infancy must be commenced within 10 years from date of accrual
    • Suits tolled for insanity must be commenced within 10 years from accrual, regardless of COA (whether for medical malpractice or otherwise)
  28. TOLLS FOR DEATH OF POTENTIAL π's

    When must an action be commenced for
    1) Wrongful death claim?
    2) Survival claim?
    1) TWO-YEARS from date of death. Must be shown that S/L on underlying claim (e.g., 3 years for negligence) is still open.

    • 2) LONGER OF
    • time remaining on S/L for underlying claim, OR
    • 1 YEAR from date of π's death
  29. EXTENSION OF TIME FOR DEATH OF POTENTIAL ∆s

    By how long is the S/L extended?
    18 MONTHS are always added to relevant limitations period where potential ∆ dies AT ANY TIME before the S/L expires
  30. 6-MONTH GRACE PERIOD

    1) What is it?
    2) When is it available?
    3) When is it NOT available?
    1) PLAINTIFF GETS 6 MONTHS from date of dismissal to re-file same action and serve process on same ∆

    2) AVAILABLE WHEN

    • Case is timely commenced, but
    • Dismissed before trial, and
    • S/L has expired or has less than 6 months remaining at time of dismissal

    3) NOT AVAILABLE WHEN

    • Dismissal was on merits (claim preclusion)
    • Case voluntarily discontinued by π
    • Dismissed for neglect to prosecute (note: court must make finding on record of pattern of neglect and delay)
    • Lack of personal jurisdiction***

    ***dismissal for lack of subject matter jurisdiction is entitled to the 6-month extension
  31. BORROWING STATUTE
    If a COA arises outside of NY, which state's S/L will a New York court apply? (hint: different treatment for π's that are non-residents)

    1) π was NON-RESIDENT of NY when out-of-state claim arose—use the shorter S/L

    2) π was NY RESIDENT when out-of-state claim arose—apply NY S/L

    ***borrowing statute based on residency, not domicile

What would you like to do?

Home > Flashcards > Print Preview