New York statute of limitations by claim
In New York you generally have 3 years to sue for personal injury, 3 years for property damage, 6 years on a written contract and 6 years on an oral one, but only 1 year for defamation.[1][4] The table lists every common civil claim with the statute and the notes that change it.
| Claim | Deadline | Statute |
|---|---|---|
| Personal injury | 3 years | N.Y. C.P.L.R. § 214(5)Assault, battery and false imprisonment: 1 year (CPLR 215(3)); injury from domestic violence: 2 years (CPLR 215(9)); toxic-substance exposure: 3 years from discovery (CPLR 214-c). If a criminal case is brought over the same event, the plaintiff has at least 1 year after it ends (CPLR 215(8)). |
| Medical malpractice | 2 years 6 months2½ years | N.Y. C.P.L.R. § 214-aRepose: Failure to diagnose cancer: no later than 7 years after the act or omission; infants: no later than 10 years after accrual (CPLR 208(a)) Foreign object left in the body: 1 year from discovery. Failure to diagnose cancer (Lavern's Law, 2018): 2½ years from when the patient knew or should have known. |
| Wrongful death | 2 years | N.Y. Est. Powers & Trusts Law § 5-4.1At least 1 year after a related criminal action ends (§ 5-4.1(2)). The official text read (copy dated Oct 29, 2026) is unchanged since 2014: the Grieving Families Act, which would have lengthened this period, has not become law. |
| Property damage | 3 years | N.Y. C.P.L.R. § 214(4)Taking or detaining a chattel: also 3 years (CPLR 214(3)). Property damage from toxic substances: 3 years from discovery (CPLR 214-c). |
| Written contract | 6 years | N.Y. C.P.L.R. § 213(2)Exceptions: consumer credit transactions (3 years, CPLR 214-i) and sales of goods (4 years, UCC § 2-725). |
| Oral contract | 6 years | N.Y. C.P.L.R. § 213(2) |
| Credit card / account debt | 3 years | N.Y. C.P.L.R. § 214-iConsumer Credit Fairness Act (L. 2021, ch. 593, eff. April 7, 2022): suits against a consumer debtor arising from a consumer credit transaction, including credit cards, must be filed within 3 years, and once the period expires a payment, written or oral affirmation or other activity does not revive it. Business accounts: 6 years (CPLR 213(2)); other acknowledgments must be in a signed writing (Gen. Oblig. Law § 17-101). |
| Fraud | 6 years6 years, or 2 years from discovery if later | N.Y. C.P.L.R. § 213(8) |
| Defamation | 1 year | N.Y. C.P.L.R. § 215(3)Same 1 year for libel, slander and violation of the statutory right of privacy (Civil Rights Law § 51). |
| Product liability | 3 years | N.Y. C.P.L.R. § 214(5)No product-liability statute of repose. Breach of warranty claims for goods: 4 years from tender of delivery (UCC § 2-725). |
What is different in New York
The 90-day notice of claim is New York’s most common trap: a fall on a city sidewalk, a crash with a municipal bus or an injury at a public school needs a sworn notice within 90 days and a lawsuit within 1 year and 90 days. New York also cut consumer debt suits to 3 years in 2022 and stopped payments from reviving old debt. Proposals to lengthen the 2-year wrongful death period (the Grieving Families Act) have not become law.
- The Consumer Credit Fairness Act cut the period for consumer debt suits (including credit cards) from 6 to 3 years and bars reviving expired debt by payment or acknowledgment (L. 2021, ch. 593, effective April 7, 2022). (N.Y. C.P.L.R. § 214-i)[10]
- Wrongful death suits still have only 2 years: the Grieving Families Act, which would have lengthened the period and expanded damages, was vetoed and § 5-4.1 has not been amended since 2014. (N.Y. Est. Powers & Trusts Law § 5-4.1)[11]
- Suits against cities, counties, towns, villages and school districts need a notice of claim within 90 days and must be filed within 1 year and 90 days. (N.Y. Gen. Mun. Law §§ 50-e, 50-i)[12]
- Civil claims for sexual abuse suffered as a child may be brought until the survivor turns 55. (N.Y. C.P.L.R. § 208(b))[13]
When the clock starts and stops
New York has no general discovery rule; most claims run from the date of injury or breach. Statutory exceptions cover fraud (2 years from discovery), toxic exposure (CPLR 214-c), foreign objects and missed cancer diagnoses in malpractice (CPLR 214-a). (N.Y. C.P.L.R. §§ 213(8), 214-a, 214-c)
Minors. New York pauses the clock while the injured person is a minor: the period starts at age 18. Periods of 3 years or more are extended to 3 years after the disability ends; shorter periods are extended by the length of the disability. For medical, dental and podiatric malpractice the extension cannot go beyond 10 years after accrual. Child sexual abuse claims may be brought until age 55 (CPLR 208(b)).[6]
Other tolling. Insanity tolls like infancy (CPLR 208(a)); a related criminal action gives at least 1 more year after it ends for intentional torts and wrongful death (CPLR 215(8), EPTL 5-4.1(2)).
Suing the government in New York
Claims against a public body follow their own rules, and a missed notice can end the claim even when the ordinary limitation period is still open.[7][8]
| Defendant | Deadline | Statute |
|---|---|---|
| State agencies | File the claim, or serve a written notice of intention to file a claim on the Attorney General, within 90 days after the claim accrues (Court of Claims)If a notice of intention was served, the claim must be filed within 2 years after accrual (negligence); intentional torts within 1 year (§ 10(3-b)); wrongful death within 2 years after death (§ 10(2)) | N.Y. Ct. Cl. Act § 10(3) |
| Cities, counties and other local entities | Sworn notice of claim within 90 days after the claim arises (wrongful death: 90 days from appointment of the estate representative)At least 30 days after serving the notice and within 1 year and 90 days after the event; wrongful death within 2 years after death (Gen. Mun. Law § 50-i(1)) | N.Y. Gen. Mun. Law § 50-e(1)(a) |
Criminal statute of limitations in New York
Most felonies in New York: 5 years for most felonies. Misdemeanors: 2 years (petty offenses: 1 year).[9] Prosecutors must file charges within these periods; the victim’s civil deadline is separate.
| Offense | Time limit | Statute |
|---|---|---|
| Felonies | 5 years for most feloniesTime the defendant is continuously out of state or whereabouts unknown is excluded, up to 5 extra years (§ 30.10(4)(a)). Felony deed theft or real property fraud: 5 years or 2 years from discovery, whichever is later. | N.Y. Crim. Proc. Law § 30.10(2)(b) |
| Misdemeanors | 2 years (petty offenses: 1 year) | N.Y. Crim. Proc. Law § 30.10(2)(c)-(d) |
| No time limit | Class A felonies (including murder), rape in the first degree, aggravated sexual abuse in the first degree, course of sexual conduct against a child in the first degree, incest in the first degree, and terrorism felonies that caused or risked death or serious injury | N.Y. Crim. Proc. Law § 30.10(2)(a), (3)(g) |
| Sexual assault | Adult victims: no limit for first-degree rape; 20 years (or 10 years after first report, whichever is earlier) for second-degree rape under § 130.30(2); 10 years for certain third-degree rape. Child victims: for other sexual offenses the clock does not start until the victim turns 23 or the crime is reported, whichever is earlier. | N.Y. Crim. Proc. Law § 30.10(2)(a)-(a-2), (3)(f) |
| Theft | Felony larceny 5 years, misdemeanor 2 years; larceny by a fiduciary may be charged within 1 year after discovery (§ 30.10(3)(a)). |
Worked example
A fall in a Brooklyn apartment building lobby on October 7, 2025: under the personal injury deadline is October 7, 2028, which falls on a weekend or federal holiday, so the filing day is usually extended to October 10, 2028. If the injured person was a child born September 3, 2012, the clock would not start until September 3, 2030, making the deadline September 3, 2033. If the city owned the property, the notice of claim would be due within 90 days and the lawsuit within 1 year and 90 days.
For a claim of $10,000 or less, New York’s small claims (Small Claims Part of NYC Civil Court, District Court, City Court, or Town/Village Court) is usually faster and cheaper; compare the small claims limit by state.[14] To value an injury claim, try the car accident settlement calculator; for medical cases, compare the medical malpractice statute of limitations in other states. All states are on the statute of limitations by state page.
Frequently asked questions
How long do you have to sue for personal injury in New York?
What is the statute of limitations on debt in New York?
Does the statute of limitations pause for minors in New York?
What crimes have no statute of limitations in New York?
How long do you have to file a notice of claim in New York?
Sources
- N.Y. C.P.L.R. § 214(5): personal injury limitation period
- N.Y. C.P.L.R. § 214-a: medical malpractice limitation period
- N.Y. Est. Powers & Trusts Law § 5-4.1: wrongful death limitation period
- N.Y. C.P.L.R. § 213(2): written contract limitation period
- N.Y. C.P.L.R. § 214-i: credit card / account debt limitation period
- N.Y. C.P.L.R. § 208(a): tolling for minors
- N.Y. Ct. Cl. Act § 10(3): claims against the state
- N.Y. Gen. Mun. Law § 50-e(1)(a): claims against local government
- N.Y. Crim. Proc. Law § 30.10(2)(b): criminal limitation periods
- N.Y. C.P.L.R. § 214-i
- N.Y. Est. Powers & Trusts Law § 5-4.1
- N.Y. Gen. Mun. Law §§ 50-e, 50-i
- N.Y. C.P.L.R. § 208(b)
- New York small claims (official court self-help)