New York Civil Statute of Limitations Laws

By Susan Buckner, J.D. | Legally reviewed by FindLaw Staff | Last reviewed February 21, 2025

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Statutes of limitations are the time period that plaintiffs have to file civil actions against defendants in claims that are not violations of the state penal code. Like most states, New York has criminal and civil statutes of limitations. The limitations periods restrict the time plaintiffs have to file lawsuits after a cause of action accrues.

Different types of cases have different statutes of limitation. Under the New York statute of limitations, plaintiffs must file personal injury claims within three years, while fraud cases have a six-year statute. Most civil legal actions have a three-year statute of limitations.

Criminal Statutes of Limitation

Unlike civil cases, criminal statutes limit the time a prosecutor has to file criminal charges. Serious criminal offenses like murder or sexual assault usually have no time limits. Misdemeanors have a two-year limit under New York law.

The Purpose of Statutes of Limitation

All statutes of limitation exist to ensure fair trials and smooth operation of the justice system. Statutes in civil lawsuits ensure that plaintiffs file cases while evidence is readily available, and witness memory is fresh. Criminal statutes give defendants a speedy trial and keep criminal cases from piling up in the court system.

Statutes of limitation are strict deadlines. A plaintiff must file a lawsuit before the statute runs out. Otherwise, the judge will dismiss the case "with prejudice," meaning the plaintiff can't file it again. There may be exceptions to the statute. Tolling, or pausing the statute, happens when a plaintiff can't bring a claim due to "disability." Disability means:

  • The plaintiff is a minor. The statute expires three years after the plaintiff reaches the age of majority.
  • The plaintiff is "insane" or adjudicated mentally incompetent. The statute expires three years after they have their rights restored.
  • The statute may get tolled if the plaintiff is incarcerated for less than life and the limitation is more than three years.

New York Civil Statutes of Limitation

One year
  • Libel/slander
  • Foreign object left in patient

N.Y. Civ. Prac. L. & R. §215
2.5 years

Medical malpractice

N.Y. Civ. Prac. L. & R. §214(6) and §214-a
Three years
  • Injury to person
  • Injury to personal property
  • Professional malpractice
  • Property damage
  • Product liability
  • Trespass
  • Collection of rents
  • Collection of debt on account

N.Y. Civ. Prac. L. & R. §214
Six years
  • Fraud
  • Written contracts
  • Oral contracts
  • Other acts not specified by law

N.Y. Civ. Prac. L. & R. §213
10 years

Actions to recover real property

N.Y. Civ. Prac. L. & R. §212
20 years
  • Judgments
  • Sexual abuse or other crimes of sexual conduct

N.Y. Civ. Prac. L. & R. §211(b)

Note: State laws are subject to change through legislation, court rulings, and ballot initiatives. FindLaw strives to bring you the most accurate information. You should consult an attorney or conduct your own legal research to verify the state laws you are researching before making any legal decisions.

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Get Legal Advice From a New York Personal Injury Attorney

If you're filing a personal injury lawsuit in the state of New York, you need to know which statute of limitations applies to you. To be sure you don't miss the deadline and lose your case, contact an experienced New York personal injury attorney as soon as possible.

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