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NEW YORK

Negligence / Personal Injury
3 Years

with Discovery Rule for exposure to toxic substances

Wrongful Death
2 Years from date of death.
Medical Malpractice
2 1/2 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.
Malpractice (Other Professions)
Products Liability
3 Years
Intentional Torts
1 Year
Fraud
If defendant conceals negligence or injury, SOL of 6 years runs from discovery of the fraud.
Municipal Liability/Sovereign Immunity
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).
Discovery Rule
See specific rules for medical malpractice, toxic exposure (varies by substance as per different statutes), products liability.
Comparative Negligence
Applies and diminishes plaintiff's recovery by degree of plaintiff's degree of fault.
Charitable Immunity
Abolished
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.
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.
Attorneys’ Fees
In cases involving medical, dental, or podiatric malpractice, New York has enacted statutory limits on attorneys' fees that are far less than in all other types of cases. Normally, contingent attorneys' fees in New York are equal to 33 1/3% of the net recovery after the deduction of disbursements. Thus, in a typical case, if the net recovery is $3 million, the attorneys' fees would be $1 million (infant's cases may be different since the court sets the fee in such cases). In a medical malpractice case, however, the attorneys' fees would only be $450,000 since they are calculated on the following schedule: 30% of the first $250,000; 25% of the next $250,000; 20% of the next $500,000; 15% of the next $250,000; and only 10% of any amount over $1,250,000.
No-Fault Insurance
Applies
Consumer Fraud Complaint
New York Office of the Attorney General, Bureau of Consumer Frauds and Protection
http://www.oag.state.ny.us/bureaus/consumer_frauds/about.html
800-771-7755 (Consumer Hotline)

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