New York Statute of Limitations: Filing Deadlines by Case Type
Overview of New York Statutes of Limitations
New York law sets strict deadlines for filing both civil lawsuits and criminal charges. These deadlines are known as statutes of limitations. If you miss the applicable deadline, you lose the right to bring your claim or the state loses the ability to prosecute a crime.
Civil statutes of limitations in New York are governed by the Civil Practice Law and Rules (CPLR), Article 2. Criminal time limits fall under the Criminal Procedure Law (CPL), Section 30.10. Understanding these deadlines is essential for anyone involved in a legal dispute in New York.
The clock typically starts running on the date the incident occurs or, in some cases, on the date the injury or wrongdoing is discovered. New York recognizes several exceptions and tolling provisions that can pause or extend these deadlines under specific circumstances.
New York Civil Statute of Limitations
New York's civil statutes of limitations establish the time periods within which a person must file a lawsuit in state court. These limits protect defendants from facing stale claims and encourage plaintiffs to pursue their rights promptly.
If you fail to file your civil claim before the established deadline, the opposing party can raise the statute of limitations as a defense and file a motion to dismiss. Once the court grants that motion, the legal claim is lost permanently.
One-Year Filing Deadlines (CPLR 215)
The shortest civil statute of limitations in New York is one year. Under CPLR Section 215, the following actions must be filed within one year:
| Case Type | Time Limit | Statute |
|---|---|---|
| Assault and Battery | 1 year | CPLR 215(3) |
| False Imprisonment | 1 year | CPLR 215(3) |
| Malicious Prosecution | 1 year | CPLR 215(3) |
| Libel and Slander (Defamation) | 1 year | CPLR 215(3) |
| Violation of Right of Privacy | 1 year | CPLR 215(3) |
| Action Against Sheriff or Coroner | 1 year | CPLR 215(1) |
Three-Year Filing Deadlines (CPLR 214)
Most tort claims in New York carry a three-year statute of limitations. Under CPLR Section 214, these actions must be filed within three years:
| Case Type | Time Limit | Statute |
|---|---|---|
| Personal Injury | 3 years | CPLR 214(5) |
| Property Damage | 3 years | CPLR 214(4) |
| Trespass | 3 years | CPLR 214 |
| Professional Malpractice (Non-Medical) | 3 years | CPLR 214(6) |
| Recovery of a Chattel | 3 years | CPLR 214(3) |
| Statutory Penalty | 3 years | CPLR 214(2) |
Medical Malpractice (CPLR 214-a)
Medical, dental, and podiatric malpractice claims have their own deadline under CPLR Section 214-a. The statute of limitations is two years and six months from the date of the alleged malpractice or from the last date of continuous treatment.
There is one notable exception. If a foreign object is left in a patient's body during a procedure, the patient has one year from the date the object is discovered (or reasonably should have been discovered) to file a claim.
Six-Year Filing Deadlines (CPLR 213)
Under CPLR Section 213, several categories of civil actions carry a six-year statute of limitations:
| Case Type | Time Limit | Statute |
|---|---|---|
| Written Contracts | 6 years | CPLR 213(2) |
| Oral Contracts | 6 years | CPLR 213(2) |
| Fraud | 6 years from accrual or 2 years from discovery (whichever is longer) | CPLR 213(8) |
| Debt Collection | 6 years | CPLR 213(2) |
| Collection of Rents | 6 years | CPLR 213(1) |
| Actions on a Sealed Instrument | 6 years | CPLR 213(3) |
| Misappropriation of Public Property | 6 years | CPLR 213(5) |
For fraud claims, the time period is the greater of six years from when the cause of action accrued or two years from when the plaintiff discovered (or should have discovered) the fraud.
Longer Filing Deadlines
Some civil actions in New York allow significantly longer filing periods:
| Case Type | Time Limit | Statute |
|---|---|---|
| Action to Redeem Mortgaged Property | 10 years | CPLR 212 |
| Enforcement of a Judgment | 20 years | CPLR 211(b) |
| Action on a Bond | 20 years | CPLR 211(a) |
| State Action to Recover Real Property | 20 years | CPLR 211 |
Wrongful Death (EPTL 5-4.1)
New York wrongful death claims are governed by a separate statute. Under Estates, Powers and Trusts Law Section 5-4.1, a wrongful death action must be filed within two years of the decedent's death. This deadline runs from the date of death, not the date of the wrongful act.
If a criminal prosecution arises from the same event, the personal representative has at least one year from the end of the criminal case to file, even if the two-year period has already expired.
New York Criminal Statute of Limitations
New York's criminal statute of limitations is governed by Criminal Procedure Law Section 30.10. These deadlines determine how long prosecutors have to file criminal charges after an offense occurs.
Crimes With No Statute of Limitations
New York does not impose any time limit on prosecuting the following crimes:
- Class A felonies (including murder)
- Rape in the first degree (Penal Law 130.35)
- Course of sexual conduct against a child in the first degree (Penal Law 130.75)
- Aggravated sexual abuse in the first degree (Penal Law 130.70)
- Incest in the first degree
- Crimes punishable by life in prison
Prosecutors can bring charges for these offenses at any time, regardless of how many years have passed since the crime occurred.
Felony Deadlines
| Offense Category | Time Limit | Statute |
|---|---|---|
| Class A Felonies and Rape in the First Degree | No limit | CPL 30.10(2)(a) |
| Rape in the Second Degree / Criminal Sexual Act in the Second Degree | 20 years or 10 years from report to law enforcement (whichever is earlier) | CPL 30.10(2)(a-1) |
| Rape in the Third Degree / Criminal Sexual Act in the Third Degree | 10 years | CPL 30.10(2)(a-2) |
| Terrorism-Related Felonies (Penal Law Article 490) | 8 years (no limit if death or serious injury resulted) | CPL 30.10(2)(b) |
| Other Felonies | 5 years | CPL 30.10(2)(b) |
Misdemeanor and Petty Offense Deadlines
| Offense Category | Time Limit | Statute |
|---|---|---|
| Misdemeanors | 2 years | CPL 30.10(2)(c) |
| Petty Offenses | 1 year | CPL 30.10(2)(d) |
Sexual Offenses Against Minors
New York provides extended time limits for sexual crimes committed against children under 18. Under CPL 30.10(3)(f), the statute of limitations does not begin running until the victim reaches age 23 or the offense is reported to law enforcement, whichever comes first.
The Child Victims Act of 2019 further extended the criminal statute of limitations. Felony sexual offenses against minors can now be prosecuted until the victim turns 28. Misdemeanor sexual offenses against minors can be prosecuted until the victim turns 25.
Tolling Provisions and Exceptions
New York law recognizes several situations that pause ("toll") the statute of limitations, effectively giving plaintiffs or prosecutors more time.
Infancy and Mental Disability (CPLR 208)
Under CPLR Section 208, if the person entitled to bring a civil action is a minor or is mentally incapacitated when the cause of action accrues, the deadline is extended. For claims with a limitations period of three years or more, the plaintiff has up to three years after the disability ends to file. For claims with a shorter limitations period, the period of disability is added to the filing deadline.
This extension cannot push the deadline beyond ten years after the cause of action accrues, except in cases involving minors (outside of medical malpractice).
Defendant's Absence From the State (CPLR 207)
Under CPLR 207, if the defendant leaves New York after a cause of action accrues, the time spent outside the state does not count toward the statute of limitations. This provision prevents defendants from avoiding lawsuits simply by relocating.
Criminal Tolling (CPL 30.10(4))
In criminal cases, the statute of limitations is tolled when the defendant is continuously outside New York or cannot be found within the state. The maximum extension for this tolling is five years.
Recent Changes to New York's Statutes of Limitations
Child Victims Act (2019)
The Child Victims Act, signed into law in 2019, made significant changes to how New York handles sexual abuse claims involving minors. The law raised the age by which civil suits must be filed to 55 years old (previously 23). It also created a lookback window that ran from August 14, 2019, to August 14, 2021 (extended due to the COVID-19 pandemic), during which survivors could file civil lawsuits regardless of when the abuse occurred. Approximately 11,000 civil suits were filed during this window.
Adult Survivors Act (2022)
Governor Hochul signed the Adult Survivors Act in 2022, creating a one-year lookback window from November 24, 2022, to November 24, 2023. This window allowed adults who were 18 or older when they were sexually assaulted in New York to file civil lawsuits even if the original statute of limitations had expired. More than 3,000 suits were filed under this law.
Gender Motivated Violence Act Revival Window
In 2026, New York City enacted an amendment to the Victims of Gender-Motivated Violence Protection Law, creating an 18-month revival window for certain gender-motivated violence claims that occurred before January 9, 2022. This revival window is scheduled to remain open until July 29, 2027.
How to Determine Your Filing Deadline
Identifying the correct statute of limitations for your situation requires careful analysis. Follow these steps:
- Determine whether your case is civil or criminal.
- Identify the specific type of claim or charge involved.
- Establish when the cause of action accrued (usually the date of the incident or the date of discovery).
- Check whether any tolling provisions apply to your situation.
- Calculate the deadline based on the applicable statute.
Because New York's statutes of limitations involve many categories and exceptions, consulting with a New York attorney is strongly recommended. Missing a filing deadline by even one day can permanently bar your claim.
The New York Courts Statute of Limitations Chart provides a helpful reference for common case types and their filing deadlines.
More New York Laws
Sources and References
- New York CPLR Article 2: Limitations of Time(nysenate.gov).gov
- CPLR Section 213: Actions to Be Commenced Within Six Years(nysenate.gov).gov
- CPLR Section 214: Actions to Be Commenced Within Three Years(nysenate.gov).gov
- CPLR Section 214-a: Medical Malpractice Limitations(nysenate.gov).gov
- CPLR Section 215: Actions to Be Commenced Within One Year(nysenate.gov).gov
- CPLR Section 208: Infancy, Insanity Tolling Provisions(nysenate.gov).gov
- CPL Section 30.10: Timeliness of Prosecutions; Periods of Limitation(nysenate.gov).gov
- EPTL Section 5-4.1: Wrongful Death Action(nysenate.gov).gov
- Governor Hochul Signs Adult Survivors Act(governor.ny.gov).gov
- New York Courts: Statute of Limitations Chart(nycourts.gov).gov
- Child Victims Act (S2440)(nysenate.gov).gov