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What is the statute of limitations in New York?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

New York civil limitations are codified in Article 2 of the Civil Practice Law and Rules (CPLR §§ 201-218).

1. Personal Injury — 3 Years

CPLR § 214(5): An action to recover damages for a personal injury must be commenced within 3 years. Intentional torts (assault, battery, false imprisonment) have a 1-year period under § 215(3).

2. Written Contract — 6 Years

CPLR § 213(2): An action upon a contractual obligation or liability, express or implied — 6 years. New York is unusual in not distinguishing written from oral contracts.

3. Oral Contract — 6 Years

Same 6 years under CPLR § 213(2).

4. Property Damage — 3 Years

CPLR § 214(4): An action to recover damages for an injury to property — 3 years.

5. Fraud — 6 Years / 2-Year Discovery

CPLR § 213(8): An action based upon fraud must be commenced within the greater of 6 years from the date of the cause of action accrued or 2 years from the time the plaintiff discovered the fraud, or could with reasonable diligence have discovered it.

6. Medical Malpractice — 2.5 Years

CPLR § 214-a: An action for medical, dental, or podiatric malpractice must be commenced within 2 years and 6 months of the act or, where there is continuous treatment for the same illness, injury, or condition, of the last treatment. Lavern's Law (2018) added a discovery rule for cancer/malignant tumor misdiagnosis (2.5 years from discovery, max 7 years).

7. Wrongful Death — 2 Years

EPTL § 5-4.1: An action for wrongful death must be commenced within 2 years after the decedent's death.

8. Other Notable Periods

  • Defamation: 1 year (CPLR § 215(3)).
  • Adult Survivors Act / Child Victims Act: extended/revival windows for sexual abuse claims.
  • Judgment of a court: 20 years (CPLR § 211(b)).
  • UCC sale of goods: 4 years (UCC § 2-725).
  • Recovery against a municipality: 1 year and 90 days, with 90-day notice of claim (Gen. Mun. Law §§ 50-e, 50-i).

    • 9. Tolling

    CPLR §§ 207-210 toll for absence from state, infancy (under 18), insanity, and death.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You have a claim against a city, county, or state agency (90-day notice)
    • Your medical malpractice claim involves continuous treatment dates
    • You may qualify under the Adult Survivors Act revival window
    Related Statutes & Laws
    • N.Y. CPLR § 213
    • N.Y. CPLR § 214
    • N.Y. CPLR § 214-a
    • N.Y. CPLR § 215
    • N.Y. EPTL § 5-4.1
    • N.Y. Gen. Mun. Law § 50-e

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.