United States · New York limitation periods

What is the ordinary New York period for the listed intentional torts?

CPLR 215(3) ordinarily gives one year for its listed torts. Criminal-action provisions and the separate domestic-violence period can change that result.

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Period: 1-year ordinary branch
Trigger: Independently established accrual of the classified section 215(3) claim
Rule: CPLR 215(3)

CPLR 215(3)

Current official statutory text reviewed. A displayed Senate revision date is not an amendment effective date.

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Independently established accrual of the classified section 215(3) claim

Entry rules and timing exceptions

1 year from Accrual of the cause of action

CPLR 215(3)Binding

Rule notes

One of the sharpest traps in New York practice: an assault or battery claim is barred after one year even though a negligence claim on the same facts would have three years under CPLR 214(5). Malicious prosecution accrues on favorable termination of the underlying proceeding. CPLR 215(8) supplies an alternative period of one year from termination of a related criminal action (five years for specified sexual offenses). CPLR 215(9) prescribes two years for certain domestic violence actions.

Calculation software, not legal advice. Check the current rule, orders and facts.

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Which event controls this CPLR 215(3) inquiry?

The list includes assault, battery, false imprisonment, malicious prosecution, libel, slander, specified false words and Civil Rights Law 51 privacy violations. It is not every intentionally inflicted injury.

Subsection (8) gives at least one year after qualifying criminal termination against the same defendant, or at least five years for its specified serious sexual offenses.

Subsection (9) states a two-year domestic-violence injury period without modifying the stated section 214 or subsection (8) periods.

CPLR 215(3)

How is this selected component counted?

Classify the cause as one of the claims actually listed in paragraph (3), 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 20

What does an independently derived example show?

Fictitious example

Classify the cause as one of the claims actually listed in paragraph (3), 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. Classify the cause as one of the claims actually listed in paragraph (3), 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, 2026. No applicable toll, shorter agreement, alternative branch or additional closure is assumed.

Example counting steps
Step	What is counted	Date
Established statutory event	Independently established accrual of the classified section 215(3) claim	August 2, 2026
Selected statutory component	1-year ordinary branch	August 2, 2027

Example resultAugust 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.

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Which qualifications change this inquiry?

Same-defendant criminal case: Establish the same event or occurrence and the actual criminal-termination event under the referenced Criminal Procedure Law definition.
Serious sexual-offense branch: Subsection (8)(b) lists specific offenses and gives its separate at-least-five-years route.
Domestic violence: Subsection (9) supplies a two-year branch. Do not adopt this ordinary one-year preset for that branch.
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.

CPLR 215(3)

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?

Classify the cause as one of the claims actually listed in paragraph (3), with established accrual and no governing exception or toll. This calculator accepts events after November 3, 2020 and does not apply any toll.
The list includes assault, battery, false imprisonment, malicious prosecution, libel, slander, specified false words and Civil Rights Law 51 privacy violations. It is not every intentionally inflicted injury.
Subsection (8) gives at least one year after qualifying criminal termination against the same defendant, or at least five years for its specified serious sexual offenses.
Subsection (9) states a two-year domestic-violence injury period without modifying the stated section 214 or subsection (8) periods.
Establish the same event or occurrence and the actual criminal-termination event under the referenced Criminal Procedure Law definition.
Subsection (8)(b) lists specific offenses and gives its separate at-least-five-years route.
Subsection (9) supplies a two-year branch. Do not adopt this ordinary one-year preset for that branch.
Preserve the actual commencement record and complete required service. Filing and service are separate acts. CPLR 304 governs commencement by the required initiating filing. In the applicable NYSCEF program, 22 NYCRR 202.5-b(d)(3)(i) uses recorded transmission and the required fee information or permitted later actual payment. Transmission is permitted any day or night. Preserve the actual recorded filing and fee event. Check county, action eligibility and any paper filing hours. Electronic filing of initiating papers does not itself serve the defendant under paragraph (f)(1).

Questions about CPLR 215(3)