New York Statute of Limitations: Time Limits by Case Type

New York's statutes of limitations establish the legally enforceable deadlines within which civil claims must be filed and criminal charges must be brought. These time limits vary significantly by case type — ranging from 1 year for certain defamation actions to 20 years for judgments — and are codified primarily in New York Civil Practice Law and Rules (CPLR) Article 2. Missing a deadline typically extinguishes the right to pursue relief, making accurate identification of the applicable period one of the most consequential threshold questions in New York litigation.

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

Definition and scope

A statute of limitations is a legislatively imposed deadline that bars a legal action if the initiating filing — complaint, information, indictment, or petition — is not made within a prescribed period after the triggering event. In New York, these periods are not uniform across the legal system; they are distributed across multiple statutory sources depending on case type, party identity, and the nature of the harm alleged.

The primary source for civil limitations periods is CPLR Article 2 (§§ 201–218), which governs most civil actions in Supreme Court and other courts of general jurisdiction. Criminal limitations periods are governed by New York Criminal Procedure Law (CPL) Article 30, specifically CPL § 30.10. Specialized periods apply under the Estates, Powers and Trusts Law (EPTL), the Labor Law, the Domestic Relations Law, and the General Municipal Law — each of which establishes filing windows distinct from those in the CPLR.

Scope and coverage of this page: This reference covers limitations periods arising under New York State law as applied in New York courts. Federal statutes of limitations — including those applicable to claims under 42 U.S.C. § 1983, Title VII of the Civil Rights Act, or the Fair Labor Standards Act — are not covered here. Federal courts sitting in New York apply federal accrual rules to federal claims and may borrow state periods only in limited circumstances. Actions against New York municipal entities require compliance with notice-of-claim requirements under General Municipal Law § 50-e, a procedural prerequisite that operates separately from, but alongside, the limitations period — a framework detailed further in New York Government Liability and Sovereign Immunity. This page does not address limitations periods in bankruptcy proceedings, which are governed by the U.S. Bankruptcy Code and fall within federal jurisdiction, as addressed separately in New York Bankruptcy and Debt Law.

Core mechanics or structure

The limitations clock in New York typically begins running at the moment the cause of action "accrues." Accrual is not uniformly defined — the CPLR does not contain a single accrual rule applicable to all claims. Instead, accrual is determined by case-type-specific rules, common law interpretations developed by New York courts, and statutory modifications for particular tort categories.

General civil mechanics under the CPLR:

• CPLR § 203(a) establishes that a claim is interposed — and the limitations period satisfied — when the pleading is filed, not when it is served.
• CPLR § 203(b) governs accrual by reference to the defendant's last act giving rise to the claim.
• CPLR § 208 tolls the period for plaintiffs under the age of 18 or who are "insane" at the time of accrual, granting 3 years from removal of the disability, subject to an outer cap in medical malpractice cases.
• CPLR § 207 tolls the period against a defendant who is outside New York when the cause of action accrues, or who departs New York after accrual.
• CPLR § 213-b provides a 7-year limitations period for crime victims bringing civil actions against their offenders, running from the date of the crime or the victim's 18th birthday, whichever is later.

The New York Child Victims Act (CVA), signed into law in 2019, amended CPLR § 208 to eliminate the statute of limitations entirely for civil actions based on childhood sexual abuse that occurred on or after the victim's 18th birthday, and extended the period for actions based on earlier abuse.

Criminal mechanics under CPL § 30.10:

• Felonies: generally a 5-year period from commission, with no period for Class A felonies (murder, certain terrorism offenses).
• Misdemeanors: 2 years from commission.
• Petty offenses: 1 year from commission.
• The period is tolled during any period when the defendant was continuously absent from New York for more than 5 consecutive days.

Causal relationships or drivers

The specific length of a limitations period reflects legislative judgments about evidentiary freshness, the relative vulnerability of claimants, and the nature of the injury. Personal injury actions carry a 3-year period under CPLR § 214 because physical evidence, witness memory, and medical records remain reasonably accessible within that window. Medical malpractice is subject to a shorter 2.5-year period under CPLR § 214-a — a compromise reached during New York's medical malpractice reform cycles of the 1970s and 1980s to reduce insurer exposure on claims with long latency between procedure and diagnosis.

Latent-injury claims present the starkest policy driver. CPLR § 214-c, enacted in 1986, applies a "discovery rule" to toxic tort claims — the 3-year period runs from the date the plaintiff discovered the injury, or should reasonably have discovered it, rather than from the exposure date. This provision was a direct legislative response to asbestos and chemical exposure litigation in which injuries did not manifest for 20 or more years after initial contact.

Contract claims carry a 6-year period under CPLR § 213 because commercial parties retain documentary records for extended periods and because the harm — typically economic — does not dissipate in the same way physical evidence does. The 20-year enforcement period for money judgments under CPLR § 211 reflects the public interest in permitting creditors to realize on judicial awards without being arbitrarily time-barred while debtors retain non-exempt assets.

The New York Adult Survivors Act, signed in 2022, opened a one-year revival window for adult survivors of sexual assault, illustrating legislative power to reopen otherwise-expired limitations periods in cases of substantial public concern.

Classification boundaries

Limitations periods in New York divide into five functional categories:

1. Tort claims — governed primarily by CPLR § 214 (3 years for personal injury, property damage, and most statutory liability claims) and CPLR § 214-a (2.5 years for medical malpractice). Defamation is treated distinctly under CPLR § 215, which imposes a 1-year period.

2. Contract claims — CPLR § 213 imposes 6 years for written and oral contracts. Uniform Commercial Code (UCC) Article 2 sales contracts are subject to a 4-year period under UCC § 2-725 as adopted in New York, which begins at tender of delivery, not discovery of breach.

3. Statutory and civil rights claims — New York Human Rights Law claims under Executive Law Article 15 carry a 3-year period; federal civil rights claims under 42 U.S.C. § 1983 borrow New York's 3-year personal injury period per Owens v. Okure, 488 U.S. 235 (1989), but accrual is determined by federal law. The New York Civil Rights Enforcement framework addresses overlapping state and federal periods in discrimination cases.

4. Property and real estate claims — Actions to recover real property are subject to a 10-year adverse possession period under RPAPL § 501. Mortgage foreclosure actions carry a 6-year period under CPLR § 213.

5. Probate and estate claims — Creditor claims against an estate must be filed within 7 months of letters testamentary under EPTL § 11-4.7 — a period far shorter than the CPLR's default contract period. New York Estate and Probate Law provides further classification of estate administration timelines.

Tradeoffs and tensions

Discovery rules vs. fixed accrual: The CPLR does not apply a universal discovery rule. Personal injury claims accrue at the time of injury, not discovery, except in the toxic tort context governed by § 214-c. This creates tension in cases involving delayed-onset harm (e.g., pharmaceutical injuries, latent occupational disease) where plaintiffs may be time-barred before symptoms appear.

Revival windows vs. defendant repose: The Child Victims Act and Adult Survivors Act opened temporary revival windows that allowed claims otherwise barred for decades to proceed. Defendants — including educational institutions and religious organizations — challenged these provisions as unconstitutional deprivations of vested rights. New York courts upheld the CVA under the state constitution's due process framework, establishing that the Legislature may revive time-barred claims where the public interest is sufficiently compelling, as affirmed in PB-36 Doe v. Niagara Falls City School District (4th Dep't 2021).

Notice-of-claim requirements vs. limitations periods: Claims against municipalities require a notice of claim within 90 days of the incident under General Municipal Law § 50-e, creating an effective acceleration of the deadline that operates independently of and prior to the standard 1-year-and-90-day limitations period under General Municipal Law § 50-i. Failure to serve a timely notice of claim is not cured by filing within the standard period.

Contractual modification: Parties to written contracts may shorten — but generally not extend — the applicable limitations period under CPLR § 201, creating an asymmetry between sophisticated commercial parties (who may negotiate shorter periods) and consumers who may not appreciate the effect of boilerplate limitation clauses. The New York Contract Law Principles reference addresses enforceability limits on these provisions.

Common misconceptions

Misconception: The limitations period begins when the plaintiff learns of the injury.
Correction: In most New York civil actions, the period begins at accrual — typically the date of the wrongful act or injury — not the date of discovery. The discovery rule applies in specific statutory contexts (CPLR § 214-c for toxic torts; CPLR § 213-a for fraud, which runs from discovery or when discovery should have occurred). Courts have rejected attempts to import a general discovery rule into standard personal injury claims.

Misconception: Filing a police report or administrative complaint stops the clock.
Correction: Neither a criminal complaint nor a filing with an administrative agency (such as the New York State Division of Human Rights or the EEOC) tolls the civil limitations period under the CPLR, except where a specific statute provides for tolling during agency proceedings. CPLR § 204(a) tolls the period during the pendency of a "prior action" in certain circumstances, but that provision applies to prior court actions, not agency filings.

Misconception: A defendant's concealment of wrongdoing automatically extends the period.
Correction: New York recognizes equitable estoppel as a basis for tolling when a defendant's affirmative conduct induced the plaintiff's delay, but mere concealment — without active misrepresentation — does not automatically trigger tolling. The plaintiff must demonstrate that the defendant engaged in conduct that would reasonably mislead a plaintiff of ordinary prudence, per Simcuski v. Saeli, 44 N.Y.2d 442 (1978).

Misconception: The same limitations period applies regardless of which court hears the case.
Correction: The applicable period depends on the cause of action, not the court. New York courts — including Supreme Court, Civil Court, and Family Court — apply the CPLR's periods to claims within their subject-matter jurisdiction. The New York Court System Structure page maps jurisdictional assignments relevant to limitations analysis. Federal courts sitting in diversity apply New York's limitations periods and tolling rules as substantive law under Klaxon Co. v. Stentor Electric Mfg. Co., 313 U.S. 487 (1941).

Checklist or steps

The following elements require verification before any civil action is filed in New York. This sequence reflects procedural prerequisites, not legal advice.

Pre-filing limitations analysis checklist:

1. Identify the cause of action — Determine whether the claim is grounded in contract, tort, statutory right, property, or estate law, as each category carries a distinct CPLR or non-CPLR period.

2. Locate the governing limitations provision — Reference CPLR Article 2, CPL § 30.10, UCC § 2-725, General Municipal Law §§ 50-e and 50-i, or the applicable special statute (e.g., Labor Law § 198 for wage claims, which carries a 6-year period).

3. Determine the accrual date — Confirm whether the claim uses injury-based accrual, last-act accrual, or statutory discovery accrual (§ 214-c), and identify the specific triggering date.

4. Check for applicable tolling provisions — Review CPLR §§ 204–210 for tolls related to infancy (§ 208), absence of defendant from state (§ 207), death of a party (§ 210), and prior action dismissals (§ 205, which permits a 6-month re-filing period after certain dismissals).

5. Verify notice-of-claim requirements — If the defendant is a municipal entity, school district, or public authority, confirm the 90-day notice window and determine whether leave to file a late notice under General Municipal Law § 50-e(5) is required.

6. Check for statutory revival windows — Confirm whether the Legislature has opened or closed any special revival period applicable to the claim type (e.g., CVA, Adult Survivors Act).

7. Verify the filing date rule — Under CPLR § 203(a), the action is interposed at filing, not service. Confirm court filing hours and any electronic filing system deadlines applicable under the Uniform Court System's NYSCEF platform.

8. Cross-reference federal deadlines if federal claims are joined — Federal claims filed in state court or removed to federal court carry independent accrual and limitations rules that operate concurrently with state periods.

For a broader orientation to the New York legal framework within which these procedures operate, the home page provides an overview of the service sector structure. The regulatory dimensions governing court procedure and filing requirements are addressed at Regulatory Context for the New York Legal System.

Reference table or matrix