New York Statute of Limitations: Filing Deadlines by Case Type (2026 Guide)

Overview of New York Statute of Limitations

New York's statute of limitations sets strict deadlines for filing lawsuits in both civil and criminal cases. Civil deadlines are codified in the New York Civil Practice Law and Rules (CPLR), specifically Article 2 (CPLR Sections 201-218). Criminal deadlines are set by the New York Criminal Procedure Law (CPL) Article 30. Missing a deadline can result in your case being dismissed, regardless of how strong your claim may be.

The time limits range from as short as 1 year and 90 days for claims against municipal government entities to 6 years for most contract disputes. Some claims, such as medical malpractice, have unique rules with specific deadlines that differ from other personal injury claims.

Civil Statute of Limitations by Case Type

The following table summarizes the most common civil statute of limitations deadlines in New York. These are general time limits and special rules may apply depending on the specific facts of your case.

Personal Injury Claims in New York

Under CPLR § 214, New York's statute of limitations for personal injury claims is 3 years from the date the injury occurred. This applies to a wide range of cases, including:

• Car accidents and motor vehicle collisions
• Slip and fall / premises liability cases
• Assault and battery
• Dog bites and animal attacks
• Workplace injuries (outside of workers' compensation)
• Product liability injuries

Discovery Rule

New York generally follows the "date of injury" rule rather than a broad discovery rule for personal injury claims. However, in certain cases involving latent injuries, New York courts have recognized that the clock may not start until the plaintiff discovered, or through reasonable diligence should have discovered, the injury. This is most commonly applied in toxic exposure cases and occupational diseases.

Minors

If the injured person is under 18 at the time of the injury, the statute of limitations is generally tolled (paused) until they reach the age of majority. Under CPLR § 208, the 3-year clock then starts on their 18th birthday, giving them until age 21 to file a lawsuit. However, there is an absolute outer limit of 10 years from the date of the accrual for most personal injury claims involving minors.

Contract Disputes in New York

New York law provides a uniform statute of limitations for both written and oral contracts, which differs from many other states.

Written Contracts

Under CPLR § 213(2), the statute of limitations for breach of a written contract is 6 years from the date of the breach. This applies to employment agreements, lease agreements, business contracts, promissory notes, and other written agreements. The clock starts on the date the breach occurred, regardless of when the breach was discovered.

Oral Contracts

Under CPLR § 213, the statute of limitations for breach of an oral contract is also 6 years from the date of the breach. Unlike many states that impose a shorter deadline for oral contracts, New York treats both written and oral contracts the same for statute of limitations purposes.

UCC Sales of Goods

For contracts involving the sale of goods, New York's version of the Uniform Commercial Code (UCC § 2-725) sets a 4-year statute of limitations. The parties may reduce this to not less than 1 year, but may not extend it beyond 4 years.

Contracts Under Seal

Under CPLR § 211, certain contracts executed under seal have a 20-year statute of limitations, though this is rarely applicable in modern practice.

Medical Malpractice in New York

New York's medical malpractice statute of limitations is governed by CPLR § 214-a. The rules are distinct from other personal injury claims:

• 2.5 years (30 months) from the date of the act, omission, or failure constituting the malpractice
• Or 2.5 years from the last date of continuous treatment by the defendant for the same condition, whichever is later

Continuous Treatment Doctrine

New York recognizes the "continuous treatment doctrine," which tolls the statute of limitations while the patient continues to receive treatment from the same healthcare provider for the same condition. The clock does not start until the course of treatment for the particular condition ends. This is a significant exception that can extend the filing deadline beyond the standard 2.5 years from the date of the negligent act.

Foreign Object Exception

Under CPLR § 214-a, if a foreign object (such as a surgical instrument or sponge) is left in the patient's body, the plaintiff has 1 year from the date the foreign object was discovered or should have been discovered, whichever is earlier. This is a separate and shorter deadline than the general 2.5-year rule.

No General Discovery Rule

Unlike many other states, New York does not have a general discovery rule for medical malpractice. The clock starts from the date of the negligent act or the end of continuous treatment, not from the date the injury was discovered. This means a plaintiff may be time-barred even if they did not discover the malpractice until after the 2.5-year period expired.

Property Damage Claims in New York

Under CPLR § 214, the statute of limitations for property damage claims in New York is 3 years. This applies to:

• Damage to real property (land, buildings, structures)
• Damage to personal property (vehicles, equipment, belongings)
• Trespass to real property
• Conversion (theft or unauthorized use of personal property)
• Vandalism and intentional property damage

The clock generally starts on the date the damage occurred. For latent damage that is not immediately discoverable (such as construction defects), New York courts may apply the discovery rule in limited circumstances, but a separate statute of repose may also limit the time to file.

Statute of Repose for Construction

New York does not have a general statute of repose for construction-related claims. However, claims against architects and engineers for professional negligence are subject to the standard 3-year statute of limitations, which may be measured from the date of substantial completion of the services rather than the date of the injury.

Debt Collection in New York

The statute of limitations for debt collection in New York is 6 years for most types of debt, which is one of the longer periods in the country.

When Does the Clock Start?

For most debts, the statute of limitations starts from the date of last payment or the date of default, whichever is later. For revolving accounts like credit cards, New York courts have held that the clock starts from the date of the last payment made on the account.

New York Debt Collection Protections

New York has strong consumer protections regarding time-barred debt. Under the New York Debt Collection Law (as amended by the 2021 legislation):

• Debt collectors are prohibited from suing or threatening to sue on time-barred debt
• Making a partial payment on an old debt does not restart the statute of limitations unless accompanied by a new written acknowledgment signed by the debtor
• Debt collectors must disclose whether the statute of limitations has expired when attempting to collect

Wrongful Death Claims in New York

Under EPTL § 5-4.1, the statute of limitations for wrongful death claims in New York is 2 years from the date of the decedent's death. This is shorter than the 3-year period for personal injury claims and is strictly enforced.

Wrongful death claims may be filed by the personal representative or administrator of the decedent's estate on behalf of the decedent's distributees (surviving family members entitled to inherit under New York's intestacy laws).

Common Wrongful Death Scenarios

• Fatal car or truck accidents
• Medical malpractice resulting in death
• Workplace fatalities
• Defective products causing death
• Intentional acts of violence

Relationship to Medical Malpractice

If the wrongful death was caused by medical malpractice, the statute of limitations may be governed by the longer of the two applicable periods. Under EPTL § 5-4.1, the wrongful death claim must be filed within 2 years of death. However, if the 2.5-year medical malpractice period (under CPLR Section 214-a) extends beyond the 2-year wrongful death period, the wrongful death claim may be filed within the medical malpractice period.

Claims Against Government Entities in New York

New York has specific procedural requirements for claims against government entities, which differ significantly from claims against private parties.

Claims Against Municipal Entities (NYC, Counties, Cities, Towns)

Under General Municipal Law § 50-e, claims against municipal government entities require a two-step process:

Step 1: Notice of Claim

You must file a written Notice of Claim with the relevant government entity within 1 year and 90 days of the date the claim accrues. The Notice of Claim must describe the nature of the claim, the time and place it arose, and the damages sought. This applies to claims against:

• New York City and its agencies (NYPD, FDNY, Sanitation, etc.)
• Counties, cities, towns, and villages
• Public school districts and universities (SUNY, CUNY)
• Public hospitals and transit authorities (MTA, NYCHA)
• Any other municipal corporation or public entity

Step 2: Lawsuit

After filing the Notice of Claim, you must wait at least 30 days before commencing a lawsuit. The lawsuit must be filed within the applicable statute of limitations period (e.g., 3 years for personal injury). The government entity may also request a hearing (50-h hearing) before the lawsuit is filed.

Claims Against the State of New York

Claims against the State of New York itself must be filed in the New York Court of Claims under the Court of Claims Act. Under Court of Claims Act § 10, the claim must be filed within 2 years of the date the claim accrues. There is no Notice of Claim requirement for claims against the state, but alternative procedures exist for filing an intention to claim, which extends the filing deadline.

Criminal Statute of Limitations in New York

New York's criminal statute of limitations is set by Criminal Procedure Law (CPL) Article 30 and varies by the severity of the offense. The clock generally starts when the offense is committed. For ongoing or continuous offenses, the clock starts when the conduct ceases.

By Crime Type and Severity

How Prosecution Officially Begins in New York

Under CPL Section 30.10(3), a criminal prosecution is considered "commenced" when one of the following occurs within the applicable time limit:

• Indictment filed — A grand jury returns a true bill of indictment
• Information filed — A prosecutor files a formal information in court
• Complaint filed — A felony complaint is filed with a local criminal court
• Warrant issued — A bench warrant is issued, provided diligent efforts to locate the defendant were made

Challenging Expired Criminal Charges

If you believe criminal charges against you were filed after the statute of limitations expired, your attorney can file a motion to dismiss under CPL Section 30.10(6). The court will examine:

• When the alleged offense occurred
• When the prosecution was formally commenced
• Whether any tolling exceptions apply

Tolling and Exceptions in New York

Under certain circumstances, New York law allows the statute of limitations to be "tolled" (paused or extended). Common tolling doctrines include:

Minority (Under 18)

If the plaintiff is under 18 at the time the cause of action accrues, the statute of limitations is tolled until they reach the age of majority. This is codified at CPLR § 208. The clock starts on the plaintiff's 18th birthday. However, for certain claims (including medical malpractice and some personal injury claims), there is an absolute outer limit (statute of repose) beyond which the claim cannot be extended.

Mental Incapacity

If the plaintiff lacks the legal capacity to manage their own affairs at the time the cause of action accrues, the statute of limitations may be tolled under CPLR § 208. The tolling lasts only while the incapacity continues.

Defendant's Absence from the State

Under CPLR § 207, if the defendant is out of the state at the time the cause of action accrues, the statute of limitations does not begin to run until the defendant returns. If the defendant leaves after the cause of action accrues, the time of absence may be excluded from the computation.

Incarceration Tolling

Under CPLR § 208, if a person is incarcerated, the time of their imprisonment does not count as part of the statute of limitations period. This means that if a potential defendant is in prison, the clock on filing a civil claim against them is tolled for the duration of their incarceration. This rule ensures that defendants cannot use their own imprisonment as a shield against liability.

Discovery Rule (Limited)

New York courts recognize the discovery rule in limited types of cases, but it is much narrower than in most other states. The discovery rule is most commonly applied in:

• Fraud and misrepresentation (2 years from discovery under CPLR Section 213)
• Foreign object medical malpractice (1 year from discovery)
• Toxic exposure and latent injury cases (limited application)
• Childhood sexual abuse (under CPLR Section 214-g)

Fraudulent Concealment

If the defendant fraudulently concealed the facts giving rise to the claim, the statute of limitations is tolled until the plaintiff discovered or should have discovered the claim. This equitable doctrine applies across multiple claim types in New York.

Childhood Sexual Abuse (CPLR Section 214-g)

Under CPLR § 214-g, as amended by the Child Victims Act (2019) and subsequent legislation, victims of childhood sexual abuse may file a lawsuit until age 55, or within 3 years of discovering that the psychological or physical injury was caused by the abuse, whichever is later. This is one of the most generous tolling provisions in the country.

New York Statute of Limitations: Frequently Asked Questions

Legal References

This guide is based on the following New York statutes and legal authorities. You can access the full text of these laws through the links below:

• New York Civil Practice Law and Rules (CPLR) - Full Text
• New York Criminal Procedure Law (CPL) Article 30 - Time of Prosecution
• New York General Municipal Law (Claims Against Government)
• New York Court of Claims Act
• New York Estates, Powers and Trusts Law (EPTL) - Wrongful Death

Statute of Limitations in Other States

Compare New York's deadlines with other states:

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Disclaimer: The information on this page is provided for general informational purposes only and does not constitute legal advice. Statute of limitations laws are subject to change and may be affected by recent legislation, court decisions, or the specific facts of your case. Special rules may apply for claims against government entities, medical malpractice, cases involving minors, and other specific situations. Always consult with a qualified New York attorney for advice on your particular situation. CourtDateCalculator.online is not a law firm and is not engaged in the practice of law.