New York Statute of Limitations (2026)

Official Statute

N.Y. C.P.L.R. § 214(5)

Clock Starts

Date of injury

Key Exceptions

• Gov entities: Notice of Claim within 90 days
• Minors: tolled until age 18, then 3 years
• MVA: 2A must be filed; Notice of claim 90 days

Notes

Three years for personal injury in New York. Government claims require 90-day Notice of Claim.

Official Statute

N.Y. C.P.L.R. § 214-a

Clock Starts

Date of act or 2.5 years from omission

Key Exceptions

• Discovery rule for foreign objects: 1 year from discovery
• Continuous treatment doctrine may toll the period
• Minors under 18: tolled until age 18, then 3 years
• Continuous-treatment doctrine can extend the start date (CPLR § 214-a)

Notes

New York gives 2.5 years to file a medical malpractice claim under N.Y. C.P.L.R. § 214-a. Exceptions and special accrual rules are listed above.

Official Statute

N.Y. C.P.L.R. § 213(2)

Clock Starts

Date of breach

Key Exceptions

No major exceptions noted.

Notes

Six years for written contracts in New York.

Official Statute

N.Y. C.P.L.R. § 213(2)

Clock Starts

Date of breach

Key Exceptions

No major exceptions noted.

Notes

Six years for oral contracts per the exception rule.

Official Statute

N.Y. C.P.L.R. § 215(3)

Clock Starts

Date of publication

Key Exceptions

• Single publication rule applies

Notes

Only 1 year for defamation in New York. Single publication rule limits repeated claims.

Official Statute

N.Y. E.P.T.L. § 5-4.1

Clock Starts

Date of death

Key Exceptions

• Notice of Claim required within 90 days for gov entities

Notes

Two years from the date of death.

Official Statute

N.Y. C.P.L.R. § 214(4)

Clock Starts

Date of damage

Key Exceptions

No major exceptions noted.

Notes

Three years for property damage.

Official Statute

N.Y. C.P.L.R. § 213(8)

Clock Starts

Date of discovery (2 years from discovery, or 6 years from fraud, whichever is longer)

Key Exceptions

• Special rule: claim accrues on the later of 6 years from fraud OR 2 years from discovery

Notes

New York uses a complex 'longer of' rule for fraud — 6 years from the fraudulent act OR 2 years from discovery, whichever gives plaintiff MORE time.

Official Statute

N.Y. C.P.L.R. § 214(5)

Clock Starts

Date of fall, trip, or injury on the property

Key Exceptions

• Gov entities: Notice of Claim within 90 days
• Minors: tolled until age 18, then 3 years
• MVA: 2A must be filed; Notice of claim 90 days
• Property owner must have had actual or constructive notice of the dangerous condition

Notes

New York applies the 3-year personal injury statute to slip and fall (premises liability) claims. To win, you must show the property owner knew or should have known of the hazardous condition and failed to fix it or warn you.

Official Statute

N.Y. C.P.L.R. § 214(5)

Clock Starts

Date of bite, attack, or injury

Key Exceptions

• Gov entities: Notice of Claim within 90 days
• Minors: tolled until age 18, then 3 years
• MVA: 2A must be filed; Notice of claim 90 days
• Some states impose strict liability on owners regardless of the dog's prior history

Notes

New York applies the 3-year period to dog bite and animal attack claims. Most states impose strict liability on dog owners for bites; some require proof the owner knew the animal was dangerous ("one bite rule").

Official Statute

N.Y. C.P.L.R. § 214(5)

Clock Starts

Date of injury OR date the defect was or should have been discovered

Key Exceptions

• Gov entities: Notice of Claim within 90 days
• Minors: tolled until age 18, then 3 years
• MVA: 2A must be filed; Notice of claim 90 days
• Discovery rule may extend start date for latent product defects
• Defective design, manufacturing defect, or failure-to-warn claims each have own accrual rules

Notes

New York product liability claims follow the 3-year personal injury period. The discovery rule typically applies when a product defect was not immediately apparent. Check for any applicable statute of repose measured from the date of manufacture or sale.

Official Statute

N.Y. C.P.L.R. § 214(5)

Clock Starts

Date of the assault or battery

Key Exceptions

• Gov entities: Notice of Claim within 90 days
• Minors: tolled until age 18, then 3 years
• MVA: 2A must be filed; Notice of claim 90 days
• Criminal prosecution of the defendant does not pause the civil SOL
• Evidence from criminal proceedings may be usable in civil case
• Some states apply a different (often shorter) period to intentional torts such as assault and battery. Confirm the rule for your state with an attorney.

Notes

Civil assault and battery claims in New York are subject to the 3-year personal injury statute. You can file a civil lawsuit regardless of whether criminal charges were filed — they are separate proceedings with different burdens of proof.

Official Statute

N.Y. C.P.L.R. § 214-j (CAVS Act)

Clock Starts

Date of last act (adult); age 55 for childhood abuse (CVA)

Key Exceptions

• CVA: claims filed by survivors who were under 18 at time of abuse may be brought until age 55
• Adult CAVS claims: 20 years from act or 3 years from discovery

Notes

New York enacted some of the strongest survivor protections in the nation. The Child Victims Act (CVA) extended the window to age 55 for childhood abuse; the CAVS Act (2022) gives adult survivors 20 years.

Official Statute

N.Y. C.P.L.R. § 214(5)

Clock Starts

Date abuse occurred or was discovered

Key Exceptions

• Gov entities: Notice of Claim within 90 days
• Minors: tolled until age 18, then 3 years
• MVA: 2A must be filed; Notice of claim 90 days
• Discovery rule applies when abuse was hidden or not immediately apparent
• Mental or cognitive incapacity of the resident may toll the period
• Federal LTCOP (Long-Term Care Ombudsman) complaints are separate from civil lawsuits

Notes

New York nursing home neglect and abuse claims are governed by the 3-year personal injury statute. The discovery rule is critical — abuse is frequently concealed, and courts often hold the clock starts when the family discovered (or should have discovered) the abuse. Preserve all medical records, facility reports, and communications.