N.Y. CPLR § 215
N.Y. CPLR § 215 - Actions to be Commenced Within One Year (2024)
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NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 215 Actions to be commenced within one year: against sheriff,coroner or constable; for escape of prisoner; for assault, batt § 215. Actions to be commenced within one year: against sheriff,coroner or constable; for escape of prisoner; for assault, battery,false imprisonment, malicious prosecution, libel or slander; forviolation of right of privacy; for penalty given to informer; onarbitration award. The following actions shall be commenced within oneyear:1. an action against a sheriff, coroner or constable, upon a liabilityincurred by him by doing an act in his official capacity or by omissionof an official duty, except the non-payment of money collected upon anexecution;2. an action against an officer for the escape of a prisoner arrestedor imprisoned by virtue of a civil mandate;3. an action to recover damages for assault, battery, falseimprisonment, malicious prosecution, libel, slander, false words causingspecial damages, or a violation of the right of privacy under sectionfifty-one of the civil rights law;4. an action to enforce a penalty or forfeiture created by statute andgiven wholly or partly to any person who will prosecute; if the actionis not commenced within the year by a private person, it may becommenced on behalf of the state, within three years after thecommission of the offense, by the attorney-general or the districtattorney of the county where the offense was committed; and5. an action upon an arbitration award.6. An action to recover any overcharge of interest or to enforce apenalty for such overcharge.7. an action by a tenant pursuant to subdivision three of section twohundred twenty-three-b of the real property law.8. (a) Whenever it is shown that a criminal action against the samedefendant has been commenced with respect to the event three of section twohundred twenty-three-b of the real property law.8. (a) Whenever it is shown that a criminal action against the samedefendant has been commenced with respect to the event or occurrencefrom which a claim governed by this section arises, the plaintiff shallhave at least one year from the termination of the criminal action asdefined in section 1.20 of the criminal procedure law in which tocommence the civil action, notwithstanding that the time in which tocommence such action has already expired or has less than a yearremaining.(b) Whenever it is shown that a criminal action against the samedefendant has been commenced with respect to the event or occurrencefrom which a claim governed by this section arises, and such criminalaction is for rape in the first degree as defined in section 130.35 ofthe penal law, or a crime formerly defined in section 130.50 of thepenal law, or aggravated sexual abuse in the first degree as defined insection 130.70 of the penal law, or course of sexual conduct against achild in the first degree as defined in section 130.75 of the penal law,the plaintiff shall have at least five years from the termination of thecriminal action as defined in section 1.20 of the criminal procedure lawin which to commence the civil action, notwithstanding that the time inwhich to commence such action has already expired or has less than ayear remaining.9. Notwithstanding the opening paragraph of this section, an actionthat may be brought to recover damages for injury arising from domesticviolence, as defined in section four hundred fifty-nine-a of the socialservices law, shall be commenced within two years. Nothing in thissubdivision shall be construed to modify any time limitation containedin section two hundred fourteen of this article or subdivision eight ofthis section.