United States · New York limitation periods
What is the two-year discovery component of New York fraud timing?
CPLR 213(8) compares two years from actual or reasonably discoverable fraud with six years from accrual. This calculator supplies only the discovery component.
- Period
- 2-year component, compared with the accrual component
- Trigger
- Established actual or reasonable-diligence fraud discovery date
- 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?
Establish the controlling fraud discovery date, including what reasonable diligence would have disclosed. This preset calculates only the two-year component. This calculator accepts events after November 3, 2020 and does not apply any toll.
The statute also refers to discovery by the person under whom the plaintiff claims. Preserve the relevant history rather than assuming only the present claimant’s knowledge controls.
Compare the calculated component with six years from established accrual. The greater period governs under paragraph (8).
An injury-discovery date under CPLR 214-c addresses latent substance exposure. It is a distinct discovery rule, not an interchangeable fraud event.
CPLR 213(8)How is this selected component counted?
- Establish the controlling fraud discovery date, including what reasonable diligence would have disclosed. This preset calculates only the 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
Establish the controlling fraud discovery date, including what reasonable diligence would have disclosed. This preset calculates only the two-year component. This calculator accepts events after November 3, 2020 and does not apply any toll. Fictitious established facts. Establish the controlling fraud discovery date, including what reasonable diligence would have disclosed. This preset calculates only the two-year component. This calculator accepts events after November 3, 2020 and does not apply any toll. The selected event is August 2, 2025. No applicable toll, shorter agreement, alternative branch or additional closure is assumed.
| Step | What is counted | Date |
|---|---|---|
| Established statutory event | Established actual or reasonable-diligence fraud discovery date | August 2, 2025 |
| Selected statutory component | 2-year component, compared with the accrual 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?
- Earlier reasonable discovery
- A later claimed actual discovery does not erase a date when reasonable diligence could have revealed the fraud.
- Six-year component
- The discovery calculation does not shorten a still-available six-year accrual component.
- Tolls and borrowing
- Check separately for an applicable disability toll or out-of-state borrowing rule.
- 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 two-year discovery component of New York fraud timing?
Does the statute require actual knowledge only?
No. It also includes what reasonable diligence could have discovered.
CPLR 213Does two years replace the six-year period?
No. Paragraph (8) directs the greater-period comparison.
CPLR 213Is the final fraud date shown here?
Only the two-year component appears. The final comparison requires the separately established accrual component.
CPLR 213Official New York sources and review
Provisions used (11)
| Provision | Purpose |
|---|---|
| CPLR 213(8) | The particular statutory procedure and its conditions |
| CPLR 202 | The separately identified qualification or accrual provision |
| CPLR 203(a), (c) | 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 |