N.Y. CPLR § 208

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 208 Infancy, insanity § 208. Infancy, insanity. (a) If a person entitled to commence anaction is under a disability because of infancy or insanity at the timethe cause of action accrues, and the time otherwise limited forcommencing the action is three years or more and expires no later thanthree years after the disability ceases, or the person under thedisability dies, the time within which the action must be commencedshall be extended to three years after the disability ceases or theperson under the disability dies, whichever event first occurs; if thetime otherwise limited is less than three years, the time shall beextended by the period of disability. The time within which the actionmust be commenced shall not be extended by this provision beyond tenyears after the cause of action accrues, except, in any action otherthan for medical, dental or podiatric malpractice, where the person wasunder a disability due to infancy. This section shall not apply to anaction to recover a penalty or forfeiture, or against a sheriff or otherofficer for an escape.(b) Notwithstanding any provision of law which imposes a period oflimitation to the contrary and the provisions of any other lawpertaining to the filing of a notice of claim or a notice of intentionto file a claim as a condition precedent to commencement of an action orspecial proceeding, with respect to all civil claims or causes of actionbrought by any person for physical, psychological or other injury orcondition suffered by such person as a result of conduct which wouldconstitute a sexual offense as defined in article one hundred thirty ofthe penal law committed against such person who was less than eighteenyears of age, incest as defined in section 255.27, 255.26 or 255.25 ofthe penal law committed against su undred thirty ofthe penal law committed against such person who was less than eighteenyears of age, incest as defined in section 255.27, 255.26 or 255.25 ofthe penal law committed against such person who was less than eighteenyears of age, or the use of such person in a sexual performance asdefined in section 263.05 of the penal law, or a predecessor statutethat prohibited such conduct at the time of the act, which conduct wascommitted against such person who was less than eighteen years of age,such action may be commenced, against any party whose intentional ornegligent acts or omissions are alleged to have resulted in thecommission of said conduct, on or before the plaintiff or infantplaintiff reaches the age of fifty-five years. In any such claim oraction, in addition to any other defense and affirmative defense thatmay be available in accordance with law, rule or the common law, to theextent that the acts alleged in such action are of the type described insubdivision one of section 130.30 of the penal law or subdivision one ofsection 130.45 of the penal law, the affirmative defenses set forth,respectively, in the closing paragraph of such sections of the penal lawshall apply.