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New York Legal Reference

New York Statute of Limitations

Complete reference for filing deadlines across all major case types in New York.

New York's Civil Practice Law and Rules (CPLR) governs filing deadlines across the state's busy court system. With millions of legal disputes filed annually in New York City, Buffalo, Rochester, and beyond, missing a deadline by even a single day can permanently end your case.

New York Statute of Limitations — Quick Reference

Case TypeTime Limit
Personal Injury3 years
Medical Malpractice2 years 6 months
Written Contracts6 years
Oral Contracts6 years
Property Damage3 years
Defamation (Libel/Slander)1 year
Fraud6 years (or 2 from discovery)
Wrongful Death2 years

Detailed Breakdown by Case Type

Personal Injury

3 years N.Y. CPLR § 214(5)

New York gives plaintiffs 3 years from the date of injury for most personal injury claims — longer than many states. This includes car accidents, slip-and-falls, and product liability cases.

Medical Malpractice

2 years 6 months N.Y. CPLR § 214-a

Medical malpractice has a unique 2.5-year window. For foreign object cases, the limit is 1 year and 3 months from discovery. Lavern's Law allows certain cancer misdiagnosis cases to use the discovery rule.

Written Contracts

6 years N.Y. CPLR § 213(2)

Both written and oral contracts have a generous 6-year window in New York — one of the longest in the country.

Oral Contracts

6 years N.Y. CPLR § 213(2)

Verbal agreements get the same 6-year protection as written contracts in New York.

Property Damage

3 years N.Y. CPLR § 214(4)

Property damage claims have a 3-year limit from the date of damage.

Defamation (Libel/Slander)

1 year N.Y. CPLR § 215(3)

Defamation claims must be filed within 1 year from publication. This applies to social media posts, news articles, and verbal statements.

Fraud

6 years (or 2 from discovery) N.Y. CPLR § 213(8)

Fraud claims have a unique dual rule: 6 years from the act OR 2 years from discovery, whichever is later.

Wrongful Death

2 years N.Y. EPTL § 5-4.1

Wrongful death claims must be filed within 2 years of the death by the personal representative of the estate.

⏸️ New York Tolling & Exceptions

New York tolling provisions include: infancy (until age 18); insanity at the time the cause of action accrues; the defendant being out of state; and the continuous treatment doctrine for medical malpractice cases.

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⚠️ Important Disclaimer: This information is for educational purposes only and does not constitute legal advice. Statutes of limitations can be affected by tolling provisions, the discovery rule, government claim requirements, and other factors specific to your case. Always consult a licensed New York attorney before taking any legal action. Laws may change — verify current statutes before relying on this information.