United States · New York limitation periods
What is the ordinary New York property-damage limitation period?
CPLR 214(4) supplies three years for injury to property, except section 214-c. Establish the property-injury claim and its accrual before calculating.
- Period
- 3 years
- Trigger
- Independently established accrual of the property-injury claim
- Rule
- CPLR 214(4)
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 214(4) inquiry?
Identify an injury-to-property claim governed by paragraph (4), with established accrual and no applicable toll. This calculator accepts events after November 3, 2020 and does not apply any toll.
The paragraph expressly excepts latent substance effects governed by section 214-c. Physical damage and discovery of its cause are distinct facts.
An action to recover a chattel or damages for taking or detention is addressed by paragraph (3), rather than paragraph (4).
Recovery of real property or possession invokes section 212(a). A three-year property-damage calculation does not establish a right to recover possession.
CPLR 214(4)How is this selected component counted?
- Identify an injury-to-property claim governed by paragraph (4), 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 an injury-to-property claim governed by paragraph (4), 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 an injury-to-property claim governed by paragraph (4), 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 property-injury 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?
- Latent substance effects
- Section 214-c expressly includes injury to property from latent exposure effects.
- Possession is a different remedy
- Section 212(a) asks whether the plaintiff or predecessor was seized or possessed within the stated lookback.
- Contract claim comparison
- A separate covered contractual obligation requires its own classification, accrual and contractual exceptions.
- 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(4)
What is the ordinary New York property-damage limitation period?
Does section 214-c cover property as well as bodily injury?
Yes. Subsection (2) expressly addresses both, subject to its other conditions.
CPLR 214-CIs recovering land the same as repairing damage?
No. The real-property possession requirement belongs to section 212(a).
CPLR 212What if the injury date is disputed?
Resolve accrual before using this ordinary three-year preset. It cannot find that fact from the damage amount.
CPLR 214Official New York sources and review
Provisions used (14)
| Provision | Purpose |
|---|---|
| CPLR 214(4) | The particular statutory procedure and its conditions |
| CPLR 214-C | The separately identified qualification or accrual provision |
| CPLR 212 | The separately identified qualification or accrual provision |
| CPLR 213 | 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 |