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NY State Statutes of Limitation for Personal Injury

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NEGLIGENCE / PERSONAL INJURY STATUTE OF LIMITATION IN NEW YORK

Limitation is 3 years with Discovery Rule for exposure to toxic substances.

WRONGFUL DEATH STATUTE OF LIMITATION IN NEW YORK

Limitation is 2 years from date of death.

MEDICAL MALPRACTICE STATUE OF LIMITATION IN NEW YORK

Limitation is 2 1/2 years. Tolled for foreign object or continuous treatment. Statute runs from end of continuous treatment or discovery of foreign object which is 1 year. If the malpractice is fraudulently concealed, Statute of Limitation is 6 years from when fraud is, or should have been, discovered. Infants: tolled, but not to exceed 10 years.

MALPRACTICE (OTHER THAN MEDICAL) STATUE OF LIMITATION IN NEW YORK

Limitation is 3 years for other non-medical professional malpractice (legal, etc.).

PRODUCTS LIABILITY STATUTE OF LIMITATIONS IN NEW YORK

Limitation is 3 years.

INTENTIONAL TORTS STATUTE OF LIMITATIONS IN NEW YORK

Limitation is 1 year.

FRAUD STATUTE OF LIMITATIONS IN NEW YORK

If the defendant conceals either negligence or injury, the statute of limitations of 6 years begins from discovery of the fraud.

MUNICIPAL LIABILITY/SOVEREIGN IMMUNITY STATUTE OF LIMITATIONS IN NEW YORK

Require notice of claim within 90 days of occurrence and commencement of suit within 1 year and 90 days of occurrence. Other Notice of Claim provisions apply to different political subdivisions and actions against the State may only be brought in front of a judge presiding over the Court of Claims. In this scenario no jury is involved.

DISCOVERY RULE

See specific rules for medical malpractice and products liability.

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