N.Y. CPLR § 213

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 213 Actions to be commenced within six years: where not otherwiseprovided for; on contract; on sealed instrument; on bond or § 213. Actions to be commenced within six years: where not otherwiseprovided for; on contract; on sealed instrument; on bond or note, andmortgage upon real property; by state based on misappropriation ofpublic property; based on mistake; by corporation against director,officer or stockholder; based on fraud. The following actions must becommenced within six years:1. an action for which no limitation is specifically prescribed bylaw;2. an action upon a contractual obligation or liability, express orimplied, except as provided in section two hundred thirteen-a or twohundred fourteen-i of this article or article 2 of the uniformcommercial code or article 36-B of the general business law;3. an action upon a sealed instrument;4. an action upon a bond or note, the payment of which is secured by amortgage upon real property, or upon a bond or note and mortgage sosecured, or upon a mortgage of real property, or any interest therein;(a) In any action on an instrument described under this subdivision,if the statute of limitations is raised as a defense, and if thatdefense is based on a claim that the instrument at issue was acceleratedprior to, or by way of commencement of a prior action, a plaintiff shallbe estopped from asserting that the instrument was not validlyaccelerated, unless the prior action was dismissed based on an expressedjudicial determination, made upon a timely interposed defense, that theinstrument was not validly accelerated.(b) In any action seeking cancellation and discharge of record of aninstrument described under subdivision four of section fifteen hundredone of the real property actions and proceedings law, a defendant ion seeking cancellation and discharge of record of aninstrument described under subdivision four of section fifteen hundredone of the real property actions and proceedings law, a defendant shallbe estopped from asserting that the period allowed by the applicablestatute of limitation for the commencement of an action upon theinstrument has not expired because the instrument was not validlyaccelerated prior to, or by way of commencement of a prior action,unless the prior action was dismissed based on an expressed judicialdetermination, made upon a timely interposed defense, that theinstrument was not validly accelerated.5. an action by the state based upon the spoliation or othermisappropriation of public property; the time within which the actionmust be commenced shall be computed from discovery by the state of thefacts relied upon;6. an action based upon mistake;7. an action by or on behalf of a corporation against a present orformer director, officer or stockholder for an accounting, or to procurea judgment on the ground of fraud, or to enforce a liability, penalty orforfeiture, or to recover damages for waste or for an injury to propertyor for an accounting in conjunction therewith.8. an action based upon fraud; the time within which the action mustbe commenced shall be the greater of six years from the date the causeof action accrued or two years from the time the plaintiff or the personunder whom the plaintiff claims discovered the fraud, or could withreasonable diligence have discovered it.9. an action by the attorney general pursuant to articletwenty-three-A of the general business law or subdivision twelve ofsection sixty-three of the executive law.