United States · New York limitation periods
What is the six-year accrual component of New York fraud timing?
CPLR 213(8) compares six years from accrual with two years from actual or reasonably discoverable fraud. This calculator supplies only the six-year component.
- Period
- 6-year component, compared with the discovery component
- Trigger
- Established accrual of the fraud cause of action
- Rule
- CPLR 213(8)
Current official statutory text reviewed. A displayed Senate revision date is not an amendment effective date.
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Which event controls this CPLR 213(8) inquiry?
Use established fraud accrual for this six-year component. Separately establish actual or reasonably discoverable fraud and calculate its two-year component. This calculator accepts events after November 3, 2020 and does not apply any toll.
The governing paragraph selects the greater period. This date alone cannot establish the final fraud filing boundary.
Discovery by the plaintiff or the person under whom the plaintiff claims matters. Neither a filing date nor an allegation of concealment substitutes for the established events.
The paired fraud-discovery page computes the other component. The disability guide explains a separate possible toll.
CPLR 213(8)How is this selected component counted?
- Use established fraud accrual for this six-year component. Separately establish actual or reasonably discoverable fraud and calculate its two-year component. This calculator accepts events after November 3, 2020 and does not apply any toll.
- Count the selected calendar-month or calendar-year interval from the independently established event. General Construction Law 20 excludes the event day, sections 30 and 58 govern months and years, and section 25-a permits the next succeeding business day when an authorized statutory act ends on Saturday, Sunday or a public holiday.
- Check the final statutory holiday and weekend independently.
- Preserve the actual commencement record and complete required service. Filing and service are separate acts.
For an authorized statutory act, General Construction Law 25-a permits the next succeeding business day if the final day is Saturday, Sunday or a statutory public holiday. Section 24 defines those holidays. Sunday Independence Day in 2027 is observed on Monday July 5. Confirm other actual closures separately.
The calculators accept selected events after November 3, 2020. They do not apply the 2020 executive-order toll. Brash distinguishes a toll from a suspension. Historical events require separate review and receive no calculated or paid date here. Do not add 228 days to every historical event without testing its actual applicability.
General Construction Law 20What does an independently derived example show?
Fictitious example
Use established fraud accrual for this six-year component. Separately establish actual or reasonably discoverable fraud and calculate its two-year component. This calculator accepts events after November 3, 2020 and does not apply any toll. Fictitious established facts. Use established fraud accrual for this six-year component. Separately establish actual or reasonably discoverable fraud and calculate its two-year component. This calculator accepts events after November 3, 2020 and does not apply any toll. The selected event is August 2, 2021. No applicable toll, shorter agreement, alternative branch or additional closure is assumed.
| Step | What is counted | Date |
|---|---|---|
| Established statutory event | Established accrual of the fraud cause of action | August 2, 2021 |
| Selected statutory component | 6-year component, compared with the discovery component | August 2, 2027 |
Fictitious established facts. This example applies only to the stated component. The calculator does not determine accrual, reasonable discovery, qualifying treatment, a toll or whether a claim is timely.
Try these dates in the calculatorWhich qualifications change this inquiry?
- Greater-period comparison
- Compare both components and use the greater period under paragraph (8). The preset does not perform that comparison.
- Reasonable discovery
- The discovery component includes the date reasonable diligence could have disclosed the fraud, not only admitted actual knowledge.
- Other limitation rules
- A borrowing rule, valid shorter agreement or toll requires a separate review before adopting either date.
- Historical executive-order toll
- The calculators accept selected events after November 3, 2020. They do not apply the 2020 executive-order toll. Brash distinguishes a toll from a suspension. Historical events require separate review and receive no calculated or paid date here. Do not add 228 days to every historical event without testing its actual applicability.
- Preserve the applicable edition and establish the actual statutory facts independently.
- This calculation supplies the disclosed component and does not select every alternative period or apply an unmodeled toll.
Which facts and completed acts should be preserved?
Questions about CPLR 213(8)
What is the six-year accrual component of New York fraud timing?
Is six years an absolute fraud long-stop?
No. Paragraph (8) can permit the later discovery-based boundary.
CPLR 213Can I omit the discovery date?
You can compute this component, but cannot establish the final greater-period comparison without the other facts.
CPLR 213Does this calculator select the later component?
No. Calculate the discovery component separately and compare the two verified events and periods.
CPLR 213Official New York sources and review
Provisions used (12)
| Provision | Purpose |
|---|---|
| CPLR 213(8) | The particular statutory procedure and its conditions |
| CPLR 201 | The separately identified qualification or accrual provision |
| CPLR 203(a), (c) | The separately identified qualification or accrual provision |
| CPLR 202 | The separately identified qualification or accrual provision |
| Brash v Richards, 195 AD3d 582 (2d Dept 2021) | Historical tolling and the calculator’s scope boundary |
| General Construction Law 20 | Applicable event-day, calendar-interval or statutory final-day provision |
| General Construction Law 30 | Applicable event-day, calendar-interval or statutory final-day provision |
| General Construction Law 58 | Applicable event-day, calendar-interval or statutory final-day provision |
| General Construction Law 24 | Applicable event-day, calendar-interval or statutory final-day provision |
| General Construction Law 25-a | Applicable event-day, calendar-interval or statutory final-day provision |
| CPLR 304 | Commencement by filing, separate from defendant service |
| 22 NYCRR 202.5-b(d)(3)(i), (f)(1) | Recorded transmission and required fee information in the applicable NYSCEF program; initiating filing does not itself serve a defendant |