N.Y. CPLR § 206

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 206 Computing periods of limitation in particular actions § 206. Computing periods of limitation in particular actions. (a)Where demand necessary. Except as provided in article 3 of the uniformcommercial code, where a demand is necessary to entitle a person tocommence an action, the time within which the action must be commencedshall be computed from the time when the right to make the demand iscomplete, except that1. where a right grows out of the receipt or detention of money orproperty by a trustee, agent, attorney or other person acting in afiduciary capacity, the time within which the action must be commencedshall be computed from the time when the person having the right to makethe demand discovered the facts upon which the right depends; and2. where there was a deposit of money to be repaid only upon a specialdemand, or a delivery of personal property not to be returnedspecifically or in kind at a fixed time or upon a fixed contingency, thetime within which the action must be commenced shall be computed fromthe demand for repayment or return.(b) Based on misconduct of agent. Where a judgment is entered againsta principal in an action based upon an injury resulting from the act oromission of his deputy or agent, the time within which an action by theprincipal against the deputy or agent to recover damages by reason ofsuch judgment must be commenced shall be computed, from the time whenthe action against the principal was finally determined. Where an injuryresults from the representation by a person that he is an agent withauthority to execute a contract in behalf of a principal, the timewithin which an action to recover damages for breach of warranty ofauthority must be commenced by the person injured against the purportedagent shall be computed from t a principal, the timewithin which an action to recover damages for breach of warranty ofauthority must be commenced by the person injured against the purportedagent shall be computed from the time the person injured discovered thefacts constituting lack of authority.(c) Based on breach of covenant of seizin or against incumbrances. Inan action based upon breach of a covenant of seizin or againstincumbrances, the time within which the action must be commenced shallbe computed from an eviction.(d) Based on account. In an action based upon a mutual, open andcurrent account, where there have been reciprocal demands between theparties, the time within which the action must be commenced shall becomputed from the time of the last transaction in the account on eitherside.