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Statute of limitations in New York: how long do you have to sue?

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

It depends on the kind of claim. Under New York's Civil Practice Law and Rules, most contract claims must be filed within six years (CPLR § 213(2)), personal injury and property damage within three years (§ 214(4)–(5)), medical malpractice within two and a half years (§ 214-a), and assault, battery, libel and slander within one year (§ 215(3)). Sales of goods have four years (UCC § 2-725), and claims against a city, county, town or village for injury or property damage generally need a notice of claim within 90 days and a lawsuit within one year and 90 days. The clock usually starts when the claim arises, and a court can't extend it.

Read on for the details, the exceptions and the sources.

In plain words

Statute of limitations
The deadline, set by law, to start a lawsuit. After it passes, the other side can have the case thrown out.
Accrue
When a claim legally arises — usually when the breach or injury happens. The clock starts then.
Tolling
Pausing or extending the deadline in special situations, such as when the injured person is a child.
Notice of claim
A formal written notice you must serve on a city or other public body before suing it for injury or damage.

The full answer

CPLR § 201 says an action must be started within the time the law sets, unless a shorter time was agreed in writing, and that no court may extend it. The time runs from when the claim accrued until it is filed (§ 203(a)); a case is started by filing the summons and complaint (or summons with notice) with the court (§ 304).

Common New York time limits:

  • Breach of contract (written or oral): 6 years — CPLR § 213(2)
  • Fraud: 6 years from the fraud, or 2 years from when you discovered it or reasonably could have, whichever is later — § 213(8)
  • Contracts for the sale of goods: 4 years from the breach — UCC § 2-725
  • Personal injury (for example, from a car accident or fall): 3 years — § 214(5)
  • Damage to property: 3 years — § 214(4)
  • Liabilities created by statute (many statutory claims): 3 years — § 214(2)
  • Malpractice other than medical (for example, lawyers, accountants): 3 years — § 214(6)
  • Medical, dental or podiatric malpractice: 2 years and 6 months — § 214-a
  • Lawsuits against a borrower over a consumer credit debt: 3 years — § 214-i
  • Assault, battery, false imprisonment, malicious prosecution, libel, slander: 1 year — § 215(3)
  • Unpaid wages under the Labor Law: up to 6 years back — Labor Law § 198(3)
  • Discrimination complaint at the NYS Division of Human Rights: 3 years — Executive Law § 297(5)

Exceptions and special cases

  • Claims against a city, county, town, village, fire district or school district for injury or property damage: serve a notice of claim within 90 days (General Municipal Law § 50-e) and sue within 1 year and 90 days (§ 50-i).
  • Injured as a child or while legally insane: the time is extended. Where the normal limit is three years or more, you generally get three years after the disability ends; where it is shorter, the limit is extended by the length of the disability. The extension can't go beyond 10 years after the claim arose, except for claims by minors other than medical, dental or podiatric malpractice (CPLR § 208(a)).
  • Sexual offenses committed against someone under 18: claims may be brought until the survivor turns 55 (§ 208(b)).
  • Injury from domestic violence: 2 years (§ 215(9)).
  • When there is a criminal case against the same person for the same event, a one-year claim gets at least one year from the end of the criminal case (§ 215(8)).
  • Medical malpractice: the 2½ years can run from the last treatment when treatment is continuous; a foreign object left in the body gives one year from discovery (§ 214-a).
  • Contracts can shorten the time: a written agreement can set a shorter period (§ 201), and a sale-of-goods contract can cut the four years to as little as one (UCC § 2-725(1)).
  • Consumer credit debts: once the three years run out, a later payment or promise doesn't restart the clock (§ 214-i).
  • Federal claims, and claims in other states, have their own deadlines.

What to do now

  1. Pin down the key date

    Write down when the injury, breach or event happened, and when you discovered it if that matters.

  2. Find the right category

    Use the list above, but many claims fit more than one category. When in doubt, use the shortest possible deadline.

  3. Check for a public defendant

    If a city, county, town, village, school district or public agency is involved, the 90-day notice of claim may already be running.

  4. Don't wait until the last week

    Filing takes preparation, and you may need to serve papers properly too. Give yourself months, not days.

  5. If you're being sued, check the date too

    If the claim against you is too old, the statute of limitations is a defense — but you must raise it in your answer or first motion (CPLR § 3211(e)).

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Frequently asked questions

Does the clock stop while I try to settle?

No. Negotiating doesn't pause the statute of limitations, and CPLR § 201 says no court may extend it. If talks drag on, file to protect your claim.

I was hit by a city bus. How long do I have?

Claims against a city for injury generally require a notice of claim within 90 days (General Municipal Law § 50-e) and a lawsuit within one year and 90 days (§ 50-i). Some public transit agencies have their own rules, so get advice quickly.

A debt collector sued me over a five-year-old credit card bill. Is that allowed?

Lawsuits against a borrower over a consumer credit debt must be started within three years (CPLR § 214-i), and a later payment doesn't revive the time. Raise the statute of limitations in your answer.

When does the six years for a contract start?

Generally when the contract is breached — for example, when a payment you were owed was due and not paid (CPLR § 203(a)).

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Official sources

This page was written from the sources below. “Checked” is the date the source was last opened and read.

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This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.