United States · New York limitation periods
What is the ordinary New York contract limitation period?
CPLR 213(2) ordinarily allows six years for a covered contractual obligation. Confirm accrual and the express statutory exceptions before using that period.
- Period
- 6 years
- Trigger
- Independently established accrual of the covered contract claim
- Rule
- CPLR 213(2)
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(2) inquiry?
Identify a contractual obligation within CPLR 213(2), with established accrual and no valid shorter written agreement or applicable toll. This calculator accepts events after November 3, 2020 and does not apply any toll.
The current paragraph expressly excludes CPLR 213-a, CPLR 214-i, UCC Article 2 and General Business Law Article 36-B. A contract label does not resolve those classifications.
Preserve the obligation and the facts establishing accrual. This calculation does not decide when the particular contractual duty was breached.
A sale-of-goods contract uses the separate UCC period. A professional-malpractice claim has its own three-year rule regardless of a contract theory.
CPLR 213(2)How is this selected component counted?
- Identify a contractual obligation within CPLR 213(2), with established accrual and no valid shorter written agreement or 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 contractual obligation within CPLR 213(2), with established accrual and no valid shorter written agreement or applicable toll. This calculator accepts events after November 3, 2020 and does not apply any toll. Fictitious established facts. Identify a contractual obligation within CPLR 213(2), with established accrual and no valid shorter written agreement or applicable toll. 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 | Independently established accrual of the covered contract claim | August 2, 2021 |
| Selected statutory component | 6 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?
- Shorter written agreement
- CPLR 201 recognizes a shorter time prescribed by written agreement. This preset uses the unshortened statutory branch.
- Consumer credit
- CPLR 214-i states a separate three-year period for covered consumer-credit actions against a purchaser, borrower or debtor, subject to its stated exceptions.
- Out-of-state accrual
- CPLR 202 may require comparison with the law of the place of accrual. Its New York resident exception requires an established fact.
- 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(2)
What is the ordinary New York contract limitation period?
Does every written contract receive six years?
No. Classify the claim and check every exception in paragraph (2), including consumer credit and sale of goods.
CPLR 213Can a shorter contract clause change this date?
A valid shorter written period may change it. The six-year preset does not read or apply that clause.
CPLR 201Does choosing New York settle an out-of-state claim?
No. CPLR 202 has its own borrowing rule and resident exception.
CPLR 202Official New York sources and review
Provisions used (13)
| Provision | Purpose |
|---|---|
| CPLR 213(2) | The particular statutory procedure and its conditions |
| CPLR 201 | The separately identified qualification or accrual provision |
| CPLR 214-I | The separately identified qualification or accrual provision |
| 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 |