New York
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:
| 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)
- 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
| 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(3)(g) |
| 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
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, CPLR 207 pauses the clock for the time they were absent. 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.
Updates
Corrected the list of crimes with no criminal statute of limitations to match CPL 30.10(2)(a)'s actual named list (it does not cover a general 'punishable by life in prison' category), and fixed the terrorism-felony citation from CPL 30.10(2)(b) to the correct 30.10(3)(g).
Governing law re-checked for recent changes
The Law Behind This Article
This article rests on 6 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.
New York Civil Practice Law and Rules
§ 208Infancy, insanityIn force
Infancy, insanity. (a) If a person entitled to commence an action is under a disability because of infancy or insanity at the time the cause of action accrues, and the time otherwise limited for commencing the action is three years or more and expires no later than three years after the disability ceases, or the person under the disability dies, the time within which the action must be commenced shall be extended to three years after the disability ceases or the person under the disability dies, whichever event first occurs; if the time otherwise limited is less than three years, the time shall be extended by the period of disability. The time within which the action must be commenced shall not be extended by this provision beyond ten years after the cause of action accrues, except, in any action other than for medical, dental or podiatric malpractice, where the person was under a disability due to infancy. This section shall not apply to an action to recover a penalty or forfeiture, or against a sheriff or other officer for an escape.
Official text (excerpt) · as of 2026-07-29 · Read the full section at legislation.nysenate.gov
§ 213Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortg...In force
Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud. The following actions must be commenced within six years: 1. an action for which no limitation is specifically prescribed by law; 2. an action upon a contractual obligation or liability, express or implied, except as provided in section two hundred thirteen-a or two hundred fourteen-i of this article or article 2 of the uniform commercial code or article 36-B of the general business law; 3. an action upon a sealed instrument; 4.
Official text (excerpt) · as of 2026-07-29 · Read the full section at legislation.nysenate.gov
§ 214Actions to be commenced within three years: for non-payment of money collected on execution; for penalty created by statute; to recover c...In forcecited in 8 of our articles
Actions to be commenced within three years: for non-payment of money collected on execution; for penalty created by statute; to recover chattel; for injury to property; for personal injury; for malpractice other than medical, dental or podiatric malpractice; to annul a marriage on the ground of fraud. The following actions must be commenced within three years: 1. an action against a sheriff, constable or other officer for the non-payment of money collected upon an execution; 2. an action to recover upon a liability, penalty or forfeiture created or imposed by statute except as provided in sections 213 and 215; 3. an action to recover a chattel or damages for the taking or detaining of a chattel; 4. an action to recover damages for an injury to property except as provided in section 214-c; 5. an action to recover damages for a personal injury except as provided in sections 214-b, 214-c, 214-i and 215; 6. an action to recover damages for malpractice, other than medical, dental or podiatric malpractice, regardless of whether the underlying theory is based in contract or tort; and 7.
Official text (excerpt) · as of 2026-07-29 · Read the full section at legislation.nysenate.gov
Also relied on in: New York Dog Bite Laws: Liability and Victim Rights, New York Car Accident Laws: No-Fault, Serious Injury, and Your Claim, Medical Malpractice Laws in New York (2026): Deadlines
§ 215Actions to be commenced within one year: against sheriff, coroner or constable; for escape of prisoner; for assault, battery, false impri...In forcecited in 3 of our articles
Actions to be commenced within one year: against sheriff, coroner or constable; for escape of prisoner; for assault, battery, false imprisonment, malicious prosecution, libel or slander; for violation of right of privacy; for penalty given to informer; on arbitration award. The following actions shall be commenced within one year: 1. an action against a sheriff, coroner or constable, upon a liability incurred by him by doing an act in his official capacity or by omission of an official duty, except the non-payment of money collected upon an execution; 2. an action against an officer for the escape of a prisoner arrested or imprisoned by virtue of a civil mandate; 3. an action to recover damages for assault, battery, false imprisonment, malicious prosecution, libel, slander, false words causing special damages, or a violation of the right of privacy under section fifty-one of the civil rights law; 4.
Official text (excerpt) · as of 2026-07-29 · Read the full section at legislation.nysenate.gov
Also relied on in: Defamation Laws by State: Libel and Slander (2026), New York Defamation Laws: Libel & Slander (2026)
New York Criminal Procedure Law
§ 30.10Timeliness of prosecutions; periods of limitationIn force
Timeliness of prosecutions; periods of limitation. 1. A criminal action must be commenced within the period of limitation prescribed in the ensuing subdivisions of this section. 2. Except as otherwise provided in subdivision three: (a) A prosecution for a class A felony, or rape in the first degree as defined in section 130.35 of the penal law, or a crime defined or formerly defined in section 130.50 of the penal law, or aggravated sexual abuse in the first degree as defined in section 130.70 of the penal law, or course of sexual conduct against a child in the first degree as defined in section 130.75 of the penal law, or incest in the first degree as defined in section 255.27 of the penal law may be commenced at any time; (a-1) A prosecution for rape in the second degree as defined in subdivision two of section 130.30 of the penal law, or criminal sexual act in the second degree as defined in subdivision two of section 130.45 of the penal law, or incest in the second degree as defined in section 255.26 of the penal law (where the crime committed is rape in the second degree as defined in subdivision two of section 130.30 of the penal law or criminal sexual act in the second…
Official text (excerpt) · as of 2026-07-29 · Read the full section at legislation.nysenate.gov
New York Estates, Powers and Trusts Law
§ 5-4.1Action by personal representative for wrongful act, neglect orIn forcecited in 6 of our articles
Action by personal representative for wrongful act, neglect or default causing death of decedent 1. The personal representative, duly appointed in this state or any other jurisdiction, of a decedent who is survived by distributees may maintain an action to recover damages for a wrongful act, neglect or default which caused the decedent's death against a person who would have been liable to the decedent by reason of such wrongful conduct if death had not ensued. Such an action must be commenced within two years after the decedent's death; provided, however, that an action on behalf of a decedent whose death was caused by the terrorist attacks on September eleventh, two thousand one, other than a decedent identified by the attorney general of the United States as a participant or conspirator in such attacks, must be commenced within two years and six months after the decedent's death. When the distributees do not participate in the administration of the decedent's estate under a will appointing an executor who refuses to bring such action, the distributees are entitled to have an administrator appointed to prosecute the action for their benefit. 2.
Official text (excerpt) · as of 2026-07-29 · Read the full section at legislation.nysenate.gov
Also relied on in: Motorcycle Accident Laws in New York (2026): Deadlines, Truck Accident Laws in New York (2026): Deadlines & Liability, New York Wrongful Death Laws (2026): Deadlines
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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