NEGLIGENCE / PERSONAL INJURY STATUTE OF LIMITATION IN NEW YORK
Limitation is 3 years with Discovery Rule for exposure to toxic substances.
WRONGFUL DEATH STATUTE OF LIMITATION IN NEW YORK
Limitation is 2 years from date of death.
MEDICAL MALPRACTICE STATUE OF LIMITATION IN NEW YORK
Limitation is 2 1/2 years. Tolled for foreign object or continuous treatment. Statute runs from end of continuous treatment or discovery of foreign object which is 1 year. If the malpractice is fraudulently concealed, Statute of Limitation is 6 years from when fraud is, or should have been, discovered. Infants: tolled, but not to exceed 10 years.
MALPRACTICE (OTHER THAN MEDICAL) STATUE OF LIMITATION IN NEW YORK
Limitation is 3 years for other non-medical professional malpractice (legal, etc.).
PRODUCTS LIABILITY STATUTE OF LIMITATIONS IN NEW YORK
Limitation is 3 years.
INTENTIONAL TORTS STATUTE OF LIMITATIONS IN NEW YORK
Limitation is 1 year.
FRAUD STATUTE OF LIMITATIONS IN NEW YORK
If the defendant conceals either negligence or injury, the statute of limitations of 6 years begins from discovery of the fraud.
MUNICIPAL LIABILITY/SOVEREIGN IMMUNITY STATUTE OF LIMITATIONS IN NEW YORK
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 front of a judge presiding over the Court of Claims. In this scenario no jury is involved.
DISCOVERY RULE
See specific rules for medical malpractice and products liability.
Disclaimer:
Statutes of limitations are always subject to change by the governing bodies in New York. Please know the statutes listed above are available for general use only. If you have specific questions about the statute of limitations in New York you can contact Pulvers, Pulvers, Thompson & Friedman, LLP.
