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Statute of limitations · New York

New York statute of limitations

Every civil deadline below is quoted from the New York Civil Practice Law & Rules and was verified against the statute on July 21, 2026. Miss the deadline and the court will almost always dismiss the case, however strong it is — so start with the one that fits your claim, then use the calculator to get your exact date.

Quick answer

Most New York personal-injury lawsuits must be filed within three years of the injury, under CPLR § 214 — longer than most states. Medical malpractice is 2½ years (§ 214-a), contracts are six years (§ 213) while consumer debt is now three (§ 214-i), defamation is one year (§ 215), wrongful death is only two years from the date of death (EPTL § 5-4.1), and a claim against a municipality needs a notice of claim within 90 days (GML § 50-e). The full cited table is below, and the calculator gives your exact date.

Verified Every deadline on this page is checked against the primary New York statute — not a secondary chart. Last verified July 21, 2026. How we verify · Educational only, not legal advice.

§ 1 · The instrument

Calculate your filing deadline

Pick the claim type and enter the date it happened. The calculator uses the same cited periods shown in the table below.

Verify with an attorney

Method & source

The state's limitation period is added to the date you entered. Real deadlines shift with discovery rules, tolling for minors, and government-claim notice periods that can expire within months.

Show our work  The math, and the laws behind it

    Educational estimate — not legal advice. Confirm your deadline with a licensed attorney immediately.
    Sources  Personal-injury limitation periods, cited by statute

    Each personal-injury period below was verified against the cited statute on July 11, 2026, from the current official state code, cross-checked against independent 50-state surveys. Two states changed their period recently and the calculator splits on the effective date: Florida (four years → two, March 24, 2023) and Louisiana (one year → two, July 1, 2024). This table is generated from the same data the calculator uses, so the two cannot disagree. Other claim types in the tool are not yet individually cited.

    StateYearsStatute
    § 2

    What is the statute of limitations in New York? Every deadline, cited

    This table is the fast answer. Each period is followed by the statute it comes from, and every one was verified against the primary New York source on July 21, 2026. Where two periods could apply, the shorter usually controls — and the government-claim notice deadline (see § 6) is the shortest of all.

    Type of claimDeadlineStatute
    Personal injury3 yearsCPLR § 214(5)
    Car / motorcycle / pedestrian accident3 yearsCPLR § 214(5)
    Wrongful death2 yearsEPTL § 5-4.1 (from the date of death)
    Medical malpractice2½ yearsCPLR § 214-a
    Property damage3 yearsCPLR § 214(4)
    Fraud6 years, or 2 from discoveryCPLR § 213(8)
    Written or oral contract6 yearsCPLR § 213(2)
    Consumer debt3 yearsCPLR § 214-i
    Defamation (libel & slander)1 yearCPLR § 215(3)
    Assault, battery, intentional torts1 yearCPLR § 215(3)
    Product liability3 yearsCPLR § 214(5)
    Claim against a municipality90-day notice; suit in 1 yr 90 daysGML § 50-e / § 50-i

    Deadlines can be shortened by contract or moved by a discovery rule, tolling for minors, or a government-claim notice period that expires within months. The calculator above does the date arithmetic; § 6 covers the traps.

    § 3

    What is the statute of limitations for personal injury in New York?

    New York gives injury claims three years from the date of the accident, under CPLR § 214(5) — longer than the two years most states allow. But New York generally rejects a discovery rule: under CPLR § 203 the clock runs from when the claim accrues, not from when you find out, except where a statute specifically creates a discovery trigger (toxic exposure under § 214-c, fraud, cancer misdiagnosis). For an ordinary accident, the date of injury starts the clock.

    § 4

    How long do I have to sue for medical malpractice in New York?

    Two and a half years — and it runs from the treatment, not from discovery. Medical, dental, and podiatric malpractice is 2½ years (two years and six months) under CPLR § 214-a, measured from the act or the end of continuous treatment for the same condition. A narrow exception — Lavern’s Law — starts the clock at discovery for negligent failure to diagnose cancer, capped at seven years. Wrongful death, by contrast, is only two years and runs from the date of death (EPTL § 5-4.1) — a common and costly mistake.

    § 5

    What is the statute of limitations on debt in New York?

    Contracts are six years; consumer debt is now just three. Written and oral contracts both run six years under CPLR § 213(2). But since the 2022 Consumer Credit Fairness Act, consumer debt is only three years (CPLR § 214-i) — and a later payment or acknowledgment can no longer revive an expired debt. Fraud is the greater of six years, or two years from discovery (§ 213(8)).

    § 6

    How long do I have to sue a government agency in New York?

    You have just 90 days to file a notice of claim against a New York city or municipality. Under General Municipal Law § 50-e, you must serve a notice of claim within 90 days of the event; the lawsuit itself must then be filed within one year and 90 days (§ 50-i). This 90-day notice is the single most-missed deadline in New York injury practice, and it applies to cities, counties, towns, villages, and school districts. Claims against the State go to the Court of Claims under its own 90-day rules.

    § 7

    What happens if you miss the statute of limitations in New York?

    A statute of limitations is an affirmative defense. If you file even one day late, the defendant raises the expired deadline and the court must dismiss the case — no matter how clear the liability or how serious the harm. Insurers and their lawyers track these dates precisely. Narrow exceptions can pause the clock — the plaintiff was a minor or legally incapacitated, the defendant left New York, or a statutory discovery rule applies — but none are safe to rely on without legal advice.

    § 8

    Sources

    Each period above is cited to the controlling statute and was verified against the New York Consolidated Laws (nysenate.gov) on July 21, 2026. Personal-injury periods are additionally cross-checked and stamped Exact in the calculator.

    1. Personal injury, property damage, product liability — CPLR § 214
    2. Written and oral contracts, fraud — CPLR § 213; consumer debt — CPLR § 214-i
    3. Medical malpractice — CPLR § 214-a (Lavern’s Law discovery rule for cancer)
    4. Defamation, assault, battery, intentional torts — CPLR § 215
    5. Wrongful death — EPTL § 5-4.1; toxic-exposure discovery — CPLR § 214-c; minors and incapacity — CPLR § 208
    6. Municipal notice of claim — GML § 50-e; suit deadline — GML § 50-i

    Verified against primary statutory sources — July 21, 2026

    § 9

    Common questions

    How long do I have to sue after a car accident in New York?

    Three years from the crash, under CPLR § 214(5) — but only 90 days to file a notice of claim if a city bus, government vehicle, or other municipality was involved (GML § 50-e).

    Why is wrongful death shorter than personal injury in New York?

    Because it is a separate claim under EPTL § 5-4.1 — two years, running from the date of death, not the date of the injury. It is a common and costly trap.

    How long is the statute of limitations on debt in New York?

    Six years for a contract (CPLR § 213), but only three years for consumer debt since the 2022 Consumer Credit Fairness Act (CPLR § 214-i), and an expired consumer debt can no longer be revived by a payment.

    Is this legal advice?

    No. This page is educational. New York’s 90-day municipal notice and its accrual rules turn on your specific facts — confirm your deadline with a licensed New York attorney.