United States · New York limitation periods
What is the ordinary New York personal-injury limitation period?
CPLR 214(5) ordinarily supplies three years for personal injury, with express exceptions. Establish accrual and the applicable claim classification first.
- Period
- 3 years
- Trigger
- Independently established accrual of an ordinary personal-injury claim
- Rule
- CPLR 214(5)
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(5) inquiry?
Use a personal-injury claim within CPLR 214(5), with established accrual and no governing exception or toll. This calculator accepts events after November 3, 2020 and does not apply any toll.
Paragraph (5) expressly excepts CPLR 214-b, 214-c, 214-i and 215. It does not give every injury claim the same three years.
Preserve the injury facts and the legal basis for accrual. This preset does not establish a discovery rule or determine when actionable injury occurred.
Latent substance exposure, intentional torts and wrongful death have distinct provisions and actors.
CPLR 214(5)How is this selected component counted?
- Use a personal-injury claim within CPLR 214(5), with established accrual and no governing exception or 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
Use a personal-injury claim within CPLR 214(5), with established accrual and no governing exception or toll. This calculator accepts events after November 3, 2020 and does not apply any toll. Fictitious established facts. Use a personal-injury claim within CPLR 214(5), with established accrual and no governing exception or 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 an ordinary personal-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 exposure
- Section 214-c has an injury-discovery rule and a separate cause-discovery branch.
- Intentional torts
- Section 215 lists specific one-year claims and further criminal-action and domestic-violence qualifications.
- Disability at accrual
- Section 208 requires the specified disability at accrual and selects different formulas.
- 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(5)
What is the ordinary New York personal-injury limitation period?
Does discovery automatically restart three years?
This ordinary preset does not apply a general discovery restart. Identify an actual provision that changes accrual.
CPLR 214Is wrongful death the same calculation?
No. EPTL 5-4.1 addresses the personal representative and death-based period.
EPTL 5-4.1Can every assault claim use this period?
No. Check the claim’s classification and the separate provisions in section 215.
CPLR 215Official New York sources and review
Provisions used (15)
| Provision | Purpose |
|---|---|
| CPLR 214(5) | The particular statutory procedure and its conditions |
| CPLR 214-C | The separately identified qualification or accrual provision |
| CPLR 215 | The separately identified qualification or accrual provision |
| CPLR 208 | The separately identified qualification or accrual provision |
| EPTL 5-4.1 | 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 |