United States · New York limitation periods
What is New York’s nonmedical professional-malpractice period?
CPLR 214(6) gives three years for malpractice other than medical, dental or podiatric malpractice, regardless of a contract or tort theory.
- Period
- 3 years
- Trigger
- Independently established accrual of the classified nonmedical malpractice claim
- Rule
- CPLR 214(6)
Current official statutory text reviewed. A displayed Senate revision date is not an amendment effective date.
Free calculator · No account needed
Calculate your deadline
Loading calculator…
What lawyers say
5.0“The platform is really easy to use.”
Michael B.Employment litigation attorney · California
“The Evidence Record saved us time with our insurance on bankruptcy matters.”
MariaBankruptcy and commercial attorney · London, UK
“The most up-to-date service we could find.”
Li ChenArbitration practitioner · Singapore
Which event controls this CPLR 214(6) inquiry?
Identify a malpractice claim within CPLR 214(6), with established accrual and no applicable toll. This calculator accepts events after November 3, 2020 and does not apply any toll.
Paragraph (6) expressly excludes medical, dental and podiatric malpractice. Those claims require section 214-a review.
The stated period applies regardless of whether the underlying theory sounds in contract or tort. Calling the same malpractice claim a contract claim does not establish six years.
A disputed accrual date, continued engagement or claimed toll needs its own authority and factual review. This preset does not resolve those questions.
CPLR 214(6)How is this selected component counted?
- Identify a malpractice claim within CPLR 214(6), with established accrual and no applicable toll. 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
Identify a malpractice claim within CPLR 214(6), with established accrual and no applicable toll. This calculator accepts events after November 3, 2020 and does not apply any toll. Fictitious established facts. Identify a malpractice claim within CPLR 214(6), with established accrual and no applicable toll. This calculator accepts events after November 3, 2020 and does not apply any toll. The selected event is August 2, 2024. No applicable toll, shorter agreement, alternative branch or additional closure is assumed.
| Step | What is counted | Date |
|---|---|---|
| Established statutory event | Independently established accrual of the classified nonmedical malpractice claim | August 2, 2024 |
| Selected statutory component | 3 years | 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?
- Contract or tort theory
- The paragraph expressly applies the same period regardless of either underlying theory.
- Medical classification
- Section 214-a has different periods and specific treatment and discovery provisions.
- Actual accrual and toll
- Section 203(a) uses accrual to interposition unless otherwise prescribed. Establish the legal event independently.
- 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 214(6)
What is New York’s nonmedical professional-malpractice period?
Does pleading contract automatically give six years?
No. Paragraph (6) expressly rejects that distinction for the malpractice claim it covers.
CPLR 214Does this determine whether conduct is malpractice?
No. Classification and the responsible professional require an independent review.
CPLR 214Does ongoing work automatically restart this date?
The preset does not decide continuing-work or tolling issues. Establish the legally controlling date before calculation.
CPLR 203Official New York sources and review
Provisions used (12)
| Provision | Purpose |
|---|---|
| CPLR 214(6) | The particular statutory procedure and its conditions |
| CPLR 214-A | 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 |