New York Statute of Limitations
Time limits for filing civil lawsuits in New York. The statute of limitations varies by claim type. Once the deadline passes, you generally cannot file suit.
Data last updated: Apr 16, 2026Key Takeaways
- Written Contracts: 6 years (N.Y. C.P.L.R. § 213(2)).
- Oral Contracts: 6 years (N.Y. C.P.L.R. § 213(2)).
- Personal Injury: 3 years (N.Y. C.P.L.R. § 214(5)).
- Property Damage: 3 years (N.Y. C.P.L.R. § 214(4)).
New York Statute of Limitations by Claim Type
| Claim Type | Time Limit | Statute | Notes |
|---|---|---|---|
| Written Contracts | 6 years | N.Y. C.P.L.R. § 213(2) | Accrues on the date of breach. |
| Oral Contracts | 6 years | N.Y. C.P.L.R. § 213(2) | Same period as written contracts. |
| Personal Injury | 3 years | N.Y. C.P.L.R. § 214(5) | Accrues on the date of injury. |
| Property Damage | 3 years | N.Y. C.P.L.R. § 214(4) | Accrues when damage occurs. |
| Medical Malpractice | 2.5 years | N.Y. C.P.L.R. § 214-a | 2 years and 6 months from the act. Discovery rule applies for foreign objects (1 year from discovery). |
| Debt Collection | 6 years | N.Y. C.P.L.R. § 213(2) | 6 years for all debt types. |
| Fraud | 6 years | N.Y. C.P.L.R. § 213(8) | The greater of 6 years from the act or 2 years from discovery. |
General Notes for New York
New York provides 6 years for contract and fraud claims, 3 years for most tort claims, and a unique 2.5-year period for medical malpractice. The discovery rule is limited in New York, applying primarily to foreign object cases in medical malpractice. New York also has a continuous treatment doctrine for medical malpractice.
Related Resources
Frequently Asked Questions
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What is the statute of limitations for debt in New York?
New York allows 6 years for creditors to sue on debts, whether written or oral.
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Why is medical malpractice 2.5 years in New York?
New York sets the medical malpractice limitation at 2 years and 6 months from the date of the act. The discovery rule applies only to foreign object cases, where you have 1 year from discovery.
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What is the continuous treatment doctrine?
In New York, if the same healthcare provider continues to treat the patient for the same condition, the statute of limitations does not begin to run until the treatment relationship ends.
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How does New York handle fraud claims?
New York provides the greater of 6 years from the fraudulent act or 2 years from discovery of the fraud, giving plaintiffs extra time when fraud is concealed.