Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

NEW YORK

Negligence / Personal Injury

3 Years 3 years with Discovery Rule for exposure to toxic substances.

Products Liability

3 Years 3 years.

Wrongful Death

2 Years 2 years from date of death.

Intentional Torts

1 Year 1 year.

Fraud of Defendant

If defendant conceals negligence or injury, SOL of 6 years runs from discovery of the fraud.

Discovery Rule

See specific rules for medical malpractice, toxic exposure (varies by substance as per different statutes), products liability.

Disabilities

For infancy (18th birthday), incompetence, and insanity, statute runs from end of disability.  Toll of 3 years, if SOL is 3 years or more.  If SOL is less than 3 years, than it is extended by period of disability.  For medical and dental malpractice, the maximum toll for an infant is 10 years.

Charitable Immunity

Abolished.

Comparative Negligence

Applies and diminishes plaintiff’s recovery by degree of plaintiff’s degree of fault.

Municipalities

Require notice of claim within 90 days of occurrence and commencement of suit within 1 year and 90 days of occurrence. Other Notice of Claim provisions apply to different political subdivisions and actions against the State may only be brought in the Court of Claims where a judge alone (no jury).

Sovereign Immunity

Waived. Actions against all municipalities can be brought in Supreme Court. Actions against State, however, must be brought after in Court of Claims and any trial therein is non-jury. 

Punitive Damages

Punitive damages may be awarded in cases of actual malice, or such wanton or reckless action as to infer malice or in personal injury actions based on negligence if such negligence amounts to flagrant misconduct.  Separate trial held on the issue after a finding of liability and compensatory damages.  Defendant’s assets are placed in issue.

Consumer Fraud Complaint

New York Office of the Attorney General, Bureau of Consumer Frauds and Protection
800-771-7755 (Consumer Hotline)

Medical Malpractice

2 ½ years (3 years for other professional malpractice [legal, etc.]).  Tolled for foreign object or continuous treatment.  Statute runs from end of continuous treatment or discovery of foreign object [1 year]. *If the malpractice is fraudulently concealed, SOL is 6 years from when fraud is, or should have been, discovered. Infants: tolled, but not to exceed 10 years.