New York Statute of Limitations: Time Limits by Cause of Action

New York's statute of limitations framework governs the window within which a plaintiff must file a civil lawsuit or a prosecutor must initiate criminal charges. These deadlines are codified primarily in the New York Civil Practice Law and Rules (CPLR), Article 2, and in provisions scattered across the Penal Law and other specialty statutes. Missing a deadline generally results in permanent loss of the right to sue, making these time limits among the most consequential procedural rules in the state's legal system.

• Definition and scope
• Core mechanics or structure
• Causal relationships or drivers
• Classification boundaries
• Tradeoffs and tensions
• Common misconceptions
• Checklist or steps (non-advisory)
• Reference table or matrix

Definition and scope

A statute of limitations is a legislatively enacted deadline that extinguishes a party's right to bring a legal claim if that claim is not filed within the prescribed period. In New York, the operative statute for civil claims is CPLR Article 2, which enumerates limitation periods ranging from 1 year (certain intentional torts against individuals) to 20 years (judgments). Criminal limitation periods appear in New York Criminal Procedure Law (CPL) § 30.10, with special carve-outs for Class A felonies, which carry no limitation period at all.

Scope coverage: This page addresses limitation periods as they apply under New York State law in state court proceedings. Federal claims filed in New York federal district courts — including Section 1983 civil rights actions and federal employment discrimination claims — are governed by federal statutes and borrowing rules, not CPLR Article 2. Claims arising exclusively under New York City administrative codes or the New York City Human Rights Law may carry different procedural prerequisites. Matters governed by New York's Surrogate's Court Procedure Act or Family Court Act may have their own distinct filing windows not fully captured here.

The regulatory context for New York's legal system provides broader institutional framing for understanding how statutes of limitations interact with court jurisdiction and procedural rules.

Core mechanics or structure

The limitations period begins to run on the date the cause of action accrues — typically the date the harm occurs or the date of the act giving rise to the claim. CPLR § 203(a) establishes this general accrual rule. Filing is accomplished by purchasing an index number from the clerk of the court under CPLR § 203(c), which is the operative act that tolls the running of the period for most civil claims; service of process must follow, but the purchase of the index number controls the timeliness determination.

Three structural components govern every limitations analysis:

1. Identification of the cause of action — The specific legal theory controls which period applies. A single set of facts may implicate multiple theories (e.g., both breach of contract at 6 years and negligence at 3 years), each with its own deadline.
2. Accrual date — New York courts apply the "discovery rule" selectively; for most tort claims, accrual is the date of injury, not discovery. Malpractice and fraud are the primary statutory exceptions.
3. Tolling events — The running of a limitations period is suspended ("tolled") by specific statutory conditions enumerated in CPLR §§ 204–210, including minority, insanity, the defendant's absence from the state, and contractual tolling agreements.

Causal relationships or drivers

Limitations periods are not arbitrary. The New York Court of Appeals has recognized three policy rationales that consistently drive how legislatures set these windows: (1) protecting defendants from stale claims where evidence has degraded; (2) providing repose and finality to potential defendants who have organized their affairs in reliance on the absence of a lawsuit; and (3) encouraging plaintiffs to pursue claims diligently.

These rationales create direct structural consequences. Longer periods apply to claims where evidence is typically documentary and durable — contract claims at 6 years under CPLR § 213 reflect that written instruments remain reliable over time. Shorter periods apply to claims relying on witness memory or physical conditions — personal injury claims at 3 years under CPLR § 214 reflect the faster degradation of testimonial evidence. The 1-year period for intentional torts such as assault and battery under CPLR § 215 reflects legislative judgment that such incidents are immediately known to the plaintiff.

Special legislative policy decisions have extended periods in certain categories. Under CPLR § 214-a, medical malpractice claims run 2.5 years from the act or the end of continuous treatment. New York's Child Victims Act (codified at CPLR § 214-g) created a revival window for child sexual abuse claims that had previously expired — a direct legislative override of the standard accrual framework, driven by policy recognition of delayed disclosure patterns.

Classification boundaries

New York statute of limitations periods fall into distinct clusters based on claim type:

Contract claims: CPLR § 213 sets a 6-year period for written and oral contracts. Uniform Commercial Code Article 2 sales contracts carry a separate 4-year period under UCC § 2-725, which is incorporated into New York law. Sealed instruments (contracts under seal) historically ran 20 years, though modern practice has reduced the practical use of sealed instruments. For more on contract structure, see New York Contract Law Principles.

Tort claims: CPLR § 214 establishes a 3-year default for most negligence-based personal injury claims, property damage, and injury to rights. Medical, dental, and podiatric malpractice follows CPLR § 214-a at 2.5 years. Legal malpractice follows the 3-year period under CPLR § 214(6). Wrongful death claims under EPTL § 5-4.1 carry a 2-year period running from the date of death.

Intentional torts: CPLR § 215 sets a 1-year period for assault, battery, false imprisonment, malicious prosecution, and libel or slander.

Property claims: Real property actions to recover possession run 10 years under CPLR § 212. Actions to compel determination of a claim to real property also run 10 years. New York Real Property Law addresses the substantive framework these limitations protect.

Employment discrimination: Claims under the New York State Human Rights Law (Executive Law § 296) carry a 3-year limitation period following a 2019 amendment. Claims under the New York City Human Rights Law carry a 3-year period. See New York Employment Law Overview for related procedural requirements.

Tradeoffs and tensions

The primary structural tension in New York limitations law is between the discovery rule and the occurrence rule. For most torts, the period runs from occurrence, meaning a plaintiff who does not immediately know of an injury can find the claim already time-barred before awareness of harm. The legislature has created targeted exceptions — fraud under CPLR § 213(8) runs from discovery or when the fraud should have been discovered with reasonable diligence, whichever is earlier, subject to a 6-year outer cap from the time of the fraud.

A second tension exists between legislative revival statutes and finality interests. The Child Victims Act revival window generated constitutional challenges on due process and repose grounds; New York courts sustained the revival window, but the litigation illustrated the inherent conflict between retroactive extensions and defendant reliance interests.

Tolling for minority presents a practical tension: CPLR § 208 tolls the period during the plaintiff's infancy, but for medical malpractice, the toll is capped at 10 years from the act regardless of the plaintiff's age at the time of injury. This cap does not apply to intentional torts. The result is that a newborn injured by medical negligence at birth has until age 10 (or 2.5 years from turning 18, whichever is longer under the cap) — a period shorter than the minority toll that applies to assault.

Common misconceptions

Misconception: The limitations period begins when the plaintiff learns of the injury.
New York follows an occurrence-based rule for most tort claims. The 3-year period under CPLR § 214 begins on the date of the negligent act or omission, not the date of discovery of harm. The discovery rule is a statutory exception reserved for specific causes of action such as fraud (CPLR § 213(8)) and latent toxic exposure (CPLR § 214-c).

Misconception: Sending a demand letter or settlement negotiations toll the period.
Neither a demand letter nor ongoing settlement discussions toll the limitations period under New York law. Only the categories specifically enumerated in CPLR §§ 204–210 — or a written agreement satisfying CPLR § 201 — suspend the running of the period. Parties relying on negotiation to defer filing risk permanent loss of the claim.

Misconception: Filing in the wrong court restarts the clock.
CPLR § 205(a) provides a 6-month grace period to refile in the correct court after a dismissal for jurisdictional or procedural defects, not on the merits. However, this provision does not create a new period equivalent to the original limitations period; it is strictly a 6-month extension.

Misconception: Government defendants face the same filing windows as private defendants.
Claims against New York State, its agencies, and most municipalities require prior service of a Notice of Claim within 90 days of the accrual of the claim under General Municipal Law § 50-e. This is a condition precedent to suit, not a tolling mechanism, and failure to serve a timely Notice of Claim bars the action entirely regardless of the applicable limitations period.

Checklist or steps (non-advisory)

The following sequence describes the procedural steps involved in a statute of limitations analysis under New York law. This is a structural description, not legal advice.

1. Identify the cause(s) of action — Determine which legal theory or theories apply to the facts; each theory may carry a distinct period.
2. Locate the governing statute — Consult CPLR Article 2, EPTL § 5-4.1, UCC § 2-725, CPL § 30.10, or specialty statutes as applicable.
3. Establish the accrual date — Apply the occurrence rule as the default; confirm whether a statutory discovery rule or continuous treatment doctrine applies.
4. Check for Notice of Claim requirements — Determine whether any governmental defendant is involved; if so, identify the applicable notice deadline under General Municipal Law § 50-e or Education Law § 3813.
5. Identify applicable tolling events — Review CPLR §§ 204–210 for minority, insanity, death of a party, absence of defendant from state, or agreement-based tolling.
6. Calculate the filing deadline — Add the limitations period to the accrual date; adjust for any verified tolling period.
7. Confirm the filing act — In New York civil practice, the limitations period is satisfied by purchasing an index number under CPLR § 203(c), not by serving the defendant.
8. Review for revival statutes — Confirm whether any legislative revival window (e.g., CPLR § 214-g) applies to claims that would otherwise be time-barred.

The New York Civil Litigation Process page describes the broader procedural framework within which these deadlines operate.

Reference table or matrix

The New York homepage provides orientation to the full range of legal topics covered within this reference network, including procedural, criminal, and civil law frameworks.

References

• New York Civil Practice Law and Rules (CPLR), Article 2 — New York State Legislature
• CPLR § 214-a — Medical Malpractice Limitation — New York State Legislature
• CPLR § 214-g — Child Victims Act Revival Window — New York State Legislature
• New York Criminal Procedure Law § 30.10 — New York State Legislature
• New York Executive Law § 296 — Human Rights Law — New York State Legislature
• New York General Municipal Law § 50-e — Notice of Claim — New York State Legislature
• New York Estates, Powers and Trusts Law § 5-4.1 — Wrongful Death — New York State Legislature
• Uniform Commercial Code § 2-725 — New York UCC Article 2 — New York State Legislature
• New York Unified Court System — Civil Practice