New York Statute of Limitations: Filing Deadlines by Case Type

New York civil statutes of limitations set filing deadlines under the Civil Practice Law and Rules, ranging from three years for personal injury claims under CPLR 214 to six years for written contracts and fraud actions under CPLR 213.

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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:

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:

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:

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. A claim against a business under General Business Law section 349 may follow a different clock, which our guide to New York scam and fraud laws flags along with where to report the scam.

Consumer Credit Debt: Three Years, No Revival (CPLR 214-i)

The six-year period above does not apply to consumer debt. Under CPLR 214-i, added by New York's Consumer Credit Fairness Act (effective April 7, 2022), a lawsuit against a consumer to collect a debt from a "consumer credit transaction" (including credit cards, personal loans, and other household or personal debt) must be filed within three years. CPLR 213(2) expressly carves this category out of the general six-year contract period.

CPLR 214-i also eliminates revival of the clock for these debts: a payment, a written or oral acknowledgment of the debt, or any other activity on the account after the three-year period expires does not restart or extend the deadline. A collector who lets a consumer debt go time-barred cannot revive it by extracting a partial payment.

Longer Filing Deadlines

Some civil actions in New York allow significantly longer filing periods:

The 20-year period in CPLR 211(a) is narrow. It reaches only an action for principal or interest on a written instrument evidencing an indebtedness of the State of New York or of a person, association, or public or private corporation that was originally sold by the issuer after publication of an advertisement for bids and is secured only by a pledge of the issuer's faith and credit. The subdivision expressly excludes instruments of entities under the jurisdiction of the public service commission and similar regulatory bodies. An ordinary bond claim, such as a surety or indemnity bond, is a contractual obligation governed by the six-year period in CPLR 213(2), and a bond or note secured by a mortgage on real property carries six years under CPLR 213(4).

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)
• A crime defined or formerly defined in Penal Law 130.50
• 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

Prosecutors can bring charges for these offenses at any time, regardless of how many years have passed since the crime occurred.

Felony Deadlines

Misdemeanor and Petty Offense Deadlines

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 Section 207, if a defendant is outside New York when the cause of action accrues, the filing period is computed from the time that person comes into or returns to the state. If the defendant departs from New York after the claim accrues and remains continuously absent for four months or more, that absence is not counted toward the statute of limitations.

This toll is narrower than it first appears. CPLR 207 states that the section does not apply while a designation of a person in New York to whom a summons may be delivered is in force, while a foreign corporation has an officer or other person in the state who can be served, or while jurisdiction over the defendant can be obtained without personal delivery of the summons to the defendant within the state. Because New York's long-arm jurisdiction reaches many defendants who have left the state, that last exception shuts the toll off in a large share of real cases. Do not assume a claim is still alive because the defendant moved away.

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:

1. Determine whether your case is civil or criminal.
2. Identify the specific type of claim or charge involved.
3. Establish when the cause of action accrued (usually the date of the incident or the date of discovery).
4. Check whether any tolling provisions apply to your situation.
5. 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

• New York Car Accident Laws
• New York Dog Bite Laws
• New York Expungement Laws
• New York Slip and Fall Laws
• New York Workers Compensation Laws

Frequently Asked Questions

What is the statute of limitations for personal injury in New York?

New York allows three years from the date of injury to file a personal injury lawsuit under CPLR Section 214(5). This applies to car accidents, slip and fall incidents, and most other negligence claims. Missing this deadline typically results in permanent dismissal of the case.

Is there a statute of limitations for murder in New York?

No. Murder is a Class A felony in New York, and there is no statute of limitations for Class A felonies under CPL 30.10(2)(a). Prosecutors can bring murder charges at any time, regardless of how many years have passed since the crime occurred.

How long do I have to file a medical malpractice claim in New York?

New York gives patients two years and six months from the date of the alleged malpractice or the last date of continuous treatment to file a medical malpractice claim under CPLR 214-a. If a foreign object was left in your body during a procedure, you have one year from the date of discovery.

Can the statute of limitations be extended in New York?

Yes. New York recognizes several tolling provisions that can pause the statute of limitations. If the plaintiff was a minor or mentally incapacitated when the cause of action arose, CPLR 208 extends the deadline. If the defendant left the state and stayed continuously absent for four months or more, CPLR 207 can pause the clock, but only where jurisdiction over that defendant cannot be obtained without delivering the summons to them inside New York. Specific exceptions also apply to fraud claims and certain sexual abuse cases.

What is the statute of limitations for breach of contract in New York?

Both written and oral contract claims in New York carry a six-year statute of limitations under CPLR Section 213(2). The clock starts running from the date of the breach. For fraud-related contract claims, the deadline is the greater of six years from accrual or two years from discovery of the fraud.