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What Is the Statute of Limitations in New York?
In New York, a Statute of Limitations is a legal deadline that determines how long a person has to take legal action. This deadline may apply when state law enforcement brings criminal charges against a suspect in a criminal case or when an individual files a lawsuit in a civil case.
The purpose of these deadlines is to promote fairness in legal matters for different types of cases. They also help preserve evidence, ensure witness reliability, and ensure that legal matters progress at a reasonable speed, rather than lag indefinitely. Setting such time limits allows the legal system to balance the rights of any plaintiffs or victims with the need for fair and speedy adjudications.
How Long Is the Statute of Limitations in New York?
The time limits for filing a lawsuit in New York are determined under Article 2 of Chapter 8 (Civil Practice Law and Rules) and Article 30 of Chapter 11A of the Consolidated Laws of New York. These chapters handle the statutes of limitations or time limits to be considered when taking legal action in civil and criminal cases. For example, the statute of limitations for law enforcement to prosecute a general misdemeanor is 2 years, while the time limit to bring a civil suit or claim for a personal injury is 3 years.
The table below provides some time limits and statute of limitations for legal actions in New York.
| Case Type | Statute of Limitations | Notes/law concerned |
|---|---|---|
| Enforcing Court judgment/actions. | 20 years | CPLR 211(b) Civil Action |
| Fraud | 6 years | CPLR213. Civil Action or criminal misdemeanor |
| Kidnapping | 5 years or no time limit, depending on the facts of the case | Criminal Procedures 30.10(2)(a) or (b). Felony |
| 1st and 2nd Degree Manslaughter | 5 years | Criminal Procedures 30.10 (2)(b). Felony |
| 1st Degree Murder | No limit | Criminal Procedures 30.10(2)(a). Felony |
| Slander/Libel | 1 year from when the incident occurred | CPLR 215(3). Civil Action |
| Robbery | 5 years | Criminal Procedures 30.10 (2)(b) Felony |
A more comprehensive table detailing the time limits for filing a lawsuit in New York may be found on the Statutes of Limitations section of the New York Courts website.
What Crimes Have No Statute of Limitations in New York
Certain crimes in New York, particularly on the criminal side, have no statute of limitations. This means that they may be prosecuted at any time in New York. These crimes have no time limit on when they may be charged for various legal and moral reasons, often because of the harsh severity or peculiar nature of the crime. The removal of the time limit ensures that the offenders may be held accountable whenever they are apprehended and upholds the fundamental belief that such serious acts should be punished no matter how long has passed.
Examples of crimes in New York with no statute of limitations include the following:
- Class A felonies in general
- First and second degree murder
- First-degree aggravated sexual abuse
- First-degree kidnapping
- First-degree arson
- Sexual conduct against a child
- First-degree conspiracy
- Rape
Criminal Statute of Limitations in New York
The statute of limitations for crimes in New York determines the time limit for a prosecutor to file charges against a suspect of an alleged crime. Criminal statute of limitations in New York typically vary according to the nature and severity of the crime.
Once the statute of limitations passes, the prosecutor generally cannot file charges, and cases may be dismissed.
- Class A Felonies: Class A felonies in New York are typically the most serious crimes and generally have no statute of limitations. They include murder, kidnapping, terrorism, conspiracy, aggravated sexual abuse, and crimes against children.
- General Felonies: These are serious but typically non-violent crimes. They generally have a statute of limitations of at least 5 years and must be prosecuted within this time. They include fraud, grand larceny, and other crimes.
- Misdemeanors: Misdemeanors are less serious criminal offenses, and the misdemeanor statute of limitations in New York is 2 years. They include third-degree prostitution, harassment, criminal mischief, vandalism, and simple assault.
- Simple Violations: Petty offenses such as second-degree harassment and disorderly conduct may have a statute of limitations of 1 year.
Some specific crimes or specific situations may affect the statute of limitations. For example, the New York statute of limitations timer is paused if the offender is continuously outside the state or their location is unknown and cannot be traced. The statute of limitations for some crimes is also counted from when the crime was discovered and not when it was committed.
| Type of Offense/Case | Statute of Limitations (Deadline) |
|---|---|
| Burglary. The offender knowingly broke into, entered, or remained within a building unlawfully with the intention of committing a crime within. Criminal Procedures 30.10(2)(b)or(c) | 2 to 5 years, depending on the detailing of the case |
| First-degree Murder. The offender caused the death of a person with malice aforethought, meaning the deliberate intention, conscious objective, or purpose. Criminal Procedures 30.10(2)(a) | No statute of limitations. It may be prosecuted at any time |
| Arson. The offender intentionally destroyed or damaged a building, motor vehicle, or property by starting a fire or causing an explosion. Severity may differ(first, second, third, fourth, and fifth degree) with details of the case and factors such as damage extent, intent, and presence of any victims. Charges may range from misdemeanors to felonies. Criminal Procedures 30.10(2)(a),(b),or (c) | 2 years, 5 years, or no limit, depending on the details of the case |
| Assault. The offender intentionally or recklessly caused or threatened another person with physical force or injury. Severity depends on intent, injury caused, and use of a weapon. Criminal Procedures30.10(2)(b)or(c) | 2 to 5 years, depending on the degree or if treated as a misdemeanor or a felony. |
| Petty Offense. These are considered the least serious offenses in New York and include simple offenses and traffic infractions. Criminal Procedures 30.10(2)(d) | 1 year |
Is There a Statute of Limitations on Attempted Murder?
Yes, there is a statute of limitations for attempted murder in New York of 5 years. This will determine how long someone may be charged with attempted murder in New York. Unlike murder, which is a completed crime and a Class A felony in New York with no statute of limitations, attempted murder is typically charged as a Class B felony. This means charges must be filed against the offender within 5 years of the crime. It should be noted that the clock may be stopped or paused if the suspect flees or leaves the state.
Statute of Limitations on Sexual Assault in New York
The statute of limitations for sexual assault in New York may differ for criminal and civil cases. For example, for Class A felonies, such as rape, there is no time limit for a criminal case; however, the rape reporting deadline for civil cases was extended in 2019 from 3 to 20 years. Other lesser criminal sexual felonies have a statute of limitation of 5 years, but the civil time limit remains 20 years.
For sexual assaults against children, there are usually no statute of limitations. The Child Victim Act also allows victims to file civil lawsuits until they are 55 years old, regardless of how old they were when the offense occurred.
Extensions and exceptions in the statute of limitations for sexual assault exist to acknowledge the fact that it often takes a long time (sometimes even decades) for victims and survivors to come forward to report. This may be because of fear, trauma, threats, or other obstacles involved.
Civil Statute of Limitations in New York
The civil statute of limitations in New York generally states how long you have to sue in New York for civil matters. The statute of limitations for civil matters in New York will depend on the type and severity of the matter. Civil matters in New York include personal injury due to negligence, defamation, slander, property damage, and medical malpractice.
Typically, when the deadline passes, a civil lawsuit may no longer be filed, or the case will be dismissed by the courts, regardless of the strength of the claim. However, in some cases, the courts may pause or extend the statute of limitations, including the following.
- Typically, the statute of limitations for a civil matter involving minors does not start until they turn 18. For example, if the child is injured when they are 14 years old, and the statute of limitations is 3 years, they have up till they turn 21 years to file the suit.
- Sometimes the court may count the statute not from when the wrongdoing occurred but when it was discovered. Particularly if the defendant intentionally hid their offense.
- Special laws like the Child Victims Act allow survivors of sexual abuse to sue in New York even after the deadline has passed.
- If someone involved in the suit is legally incapacitated or leaves New York, the timer may be paused until capacity is restored or they return to the state.
Civil lawsuit deadlines in New York may be found in the table below:
| Type of Case | Statute of Limitations(Deadline) |
|---|---|
| Personal Injury resulting from negligence. Harm or damage suffered by the plaintiff due to personal negligence or an intentional act by the defendant. may be physical injuries like broken bones or psychological, like emotional trauma. CPLR 214(5) | 3 years from the date of the incident |
| Libel/Slander. These are both forms of defamation, the act of damaging a person’s reputation through false statements. Libel covers statements made in writing or other permanent media, while slander covers statements made orally or using transient forms of communication. CPLR 215(3) | 1 year from the act |
| Breach of Contract(writing or oral). A breach of contract involves a party failing to fulfill their obligation as defined in a legally binding agreement. CPLR 213(2) | 6 years |
| Property Damage. The harm or injury to an individual’s real or personal property, which includes loss of use, reduction in value, or physical destruction. CPLR 214(4) or 214-C | 3 years |
| Fraud. To claim fraud, the following must be shown clearly. The defendant knowingly, via a material misrepresentation or omission of fact, intended to deceive the plaintiff, who reasonably relied on the misrepresentation and suffered damages or losses as a result. CPLR 213(8) | 6 years |
Statute of Limitations for Medical Malpractice in New York
The medical malpractice statute of limitations in New York determines how long to sue a doctor in New York. It generally depends on the specific nature of the malpractice in question. In most cases, the patient has about 30 months (2 years and 6 months) from the date of the alleged event to file the malpractice lawsuit. As the medical malpractice statute of limitations in New York is very strict, missing the deadline will typically mean missing the right to file the claim. These deadlines apply to claims against medical errors such as improper treatment, surgical errors, and cases of misdiagnosis.
New York maintains limited discovery rule protections for malpractice cases, and the clock usually starts when the malpractice occurred and not when the patient discovers the problem. However, there are certain exceptions to the discovery rule as shown below.
- Cancer misdiagnosis: The statute of limitations for certain cancer-related claims was extended in 2018 to 30 months (2 years and 6 months) from the date they discovered their misdiagnosis, instead of from when the doctor initially misdiagnosed them. A maximum deadline of 7 years from the initial malpractice date was also introduced.
- Foreign objects left in the body after surgery: Patients may file their claim for 1 year after the date the item was discovered, even when the standard 30-month deadline has passed.
Other special rules and exceptions for New York medical malpractice claims include the
Following:
- If filing a claim against a government-employed physician or public hospital, the patient must file a Notice of Claim within 90 days, which notifies the relevant government entity, such as the hospital's legal department, about a claim. The lawsuit must also begin within 1 year and 90 days of the malpractice event.
- For wrongful death caused by malpractice, claims must be filed within 2 years of the death, even when the standard malpractice deadline has not expired.
- In New York, the statute of limitations for claims of minors is typically tolled until the child becomes 18 years old. There is also a maximum deadline of 10 years from the malpractice date for the patient to sue.
Common medical malpractice issues in New York include the following:
| Type of Case | Deadline | Explanation |
|---|---|---|
| Medication mistakes | 30 months | The doctor prescribed the wrong drug or an incorrect dosage that harmed the patient |
| Birth injuries | 30 months | Hospital staff showed negligence during labor or delivery, which harmed the baby or the mother |
| Misdiagnosis or late diagnosis | 30 months from when the patient discovered the misdiagnosis, not when it actually occured | Misdiagnosed a disease or failed to detect a disease such as cancer promptly |
| Hospital staff negligence | 30 months | Poor staff action or a lack of efficient monitoring of a patient, which led to injury |
| Surgical errors | 1 year after the item was discovered. Even if the standard 30-month deadline has passed | Surgeon operates on the wrong body part or forgets an item/instrument inside a patient. |
Statute of Limitations for Debt in New York
The debt statute of limitations in New York is three years. This means creditors typically have three years from the last payment or last written acknowledgement of the debt to sue the debtor for payment. It should be noted that although credits may not be able to sue debtors in court to collect after the deadline passes, they may still try to collect. The statute of limitations in New York usually starts from the first missed payment date or the date of the last payment. Resetting or re-aging the debt occurs when the debtor performs an action that resets the statute of limitations timer. For example, making a part payment, entering a payment plan, or just acknowledging the debt in writing may reset the 3-year statute of limitations in New York and give the creditor more time to take the debtor to court.
If a creditor goes to court and successfully obtains a court judgment before the expiration of the statute of limitations, the judgment extends the statute of limitations and how long the debt may be collected in New York to 20 years. Although the statute of limitations expiring means creditors may no longer sue to collect the debt, it will remain on the debtor's credit report for 7 years.
| Type of debt | Statute of limitations in New York |
|---|---|
| Credit card debt | 3 years |
| Auto loans | 4 years |
| Personal loans | 3 years |
| Medical bills | 3 years |
| Mortgages | 6 years |
Statute of Limitations for Child Abuse and Child Support in New York
There is no precise child abuse statute of limitations in New York for both criminal and civil cases. New York, like many other states, provides extended time frames for survivors and victims of child abuse to seek justice. Under Criminal Procedures 30.10(3)(f), felony sex crimes against children may be prosecuted until the victim turns 28 years old, while misdemeanors may be prosecuted until the child turns 23. For the more serious abuse crimes, such as rape and sexual conduct against a child, there is no statute of limitations, and these offenses may be prosecuted at any time.
Under the Child Victims Act, the child abuse statute of limitations for civil cases in New York has been extended. Victims and survivors of child sexual abuse may generally file a civil suit against their abusers until they reach the age of 55. For physical abuse, the time is usually shorter, and civil cases must be brought against the abuser 3 years from the time of the injury or by the time the victim turns 21 years old if they were a minor when the abuse occurred.
There is no statute of limitations for child support enforcement in New York. Even after the child turns 21 years old, at which point the payments typically stop, the unpaid child support or arrears are enforceable until they are fully paid. The court may order several tools to enable the state or the custodian parents to collect on any arrears or outstanding payments. These include liens, wage garnishments, and tax refund interceptions. The court may even order license suspensions and passport denials to ensure payments are collected.