New York Civil Statute of Limitations Reference Guide
In New York, civil actions are regulated primarily under the Civil Practice Law and Rules (CPLR) Article 2. Filing past the statutory deadline results in immediate dismissal upon the defendant's pre-answer motion under CPLR 3211(a)(5).
| Cause of Action | Limitation Window | Governing New York CPLR Code |
|---|---|---|
| Written Contract | 6 Years | N.Y. CPLR § 213(2) |
| Oral / Verbal Contract | 6 Years | N.Y. CPLR § 213(2) |
| Property Damage | 3 Years | N.Y. CPLR § 214(4) |
| Personal Injury / Negligence | 3 Years | N.Y. CPLR § 214(5) |
| Consumer Credit / Credit Cards | 3 Years (CCFA) | N.Y. CPLR § 214-i |
Resetting the New York Clock (Gen. Oblig. Law § 17-101)
Under New York General Obligations Law § 17-101, an acknowledgment or promise contained in a writing signed by the party to be charged is the only competent evidence of a new or continuing contract whereby to take an action out of the operation of the provisions of limitations. Making a partial payment also renews the 6-year period.
New York Small Claims Court Rules & Limits
In New York City, NYC Civil Court (Small Claims Part) handles disputes up to \$10,000. Key features:
- Informal and Inexpensive: Filing fees range from \$15 to \$20. The court clerk handles initial service of the notice of claim via certified mail.
- Evening Sessions: NYC Small Claims Courts uniquely offer night court sessions from 6:30 PM to accommodate working claimants.