United States · New York limitation periods
Which New York filing regime applies to qualifying sexual-offense injury?
CPLR 213-c gives a twenty-year period for its specified conduct, except the childhood-claim rule in CPLR 208(b). Historical applicability and revival are separate.
- Period
- 20-year statutory branch with separate childhood and historical regimes
- Trigger
- Specified conduct, claimant’s age and applicable statutory regime
- Rule
- CPLR 213-c
Current official statutory text reviewed. A displayed Senate revision date is not an amendment effective date.
Source guide · No automated date
Which New York filing regime applies to qualifying sexual-offense injury?
The single accrual preset cannot classify the specified offense, childhood age-based regime and historical or revival law. No final date is calculated or sold.
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Which event controls this CPLR 213-c inquiry?
Match the alleged conduct to the exact current or former Penal Law provisions listed in section 213-c. Not every sexual offense has this same statutory classification.
The provision permits claims against parties whose intentional or negligent acts or omissions are alleged to have resulted in the specified conduct. It does not require a criminal charge or conviction.
The statute expressly excepts section 208(b), which addresses qualifying conduct committed when the person was under eighteen and its age-fifty-five commencement rule.
A current twenty-year text does not itself revive every historically barred claim. Finley’s March 4, 2026 Second Department decision addresses the separate Child Victims Act revival window, not an indefinite new filing period.
CPLR 213-cWhich periods must be established before counting?
- Match the alleged conduct to the exact current or former Penal Law provisions listed in section 213-c. Not every sexual offense has this same statutory classification.
- The provision permits claims against parties whose intentional or negligent acts or omissions are alleged to have resulted in the specified conduct. It does not require a criminal charge or conviction.
- The statute expressly excepts section 208(b), which addresses qualifying conduct committed when the person was under eighteen and its age-fifty-five commencement rule.
- A current twenty-year text does not itself revive every historically barred claim. Finley’s March 4, 2026 Second Department decision addresses the separate Child Victims Act revival window, not an indefinite new filing period.
- This guide supplies no fixed date. Establish the applicable statutory branches and their actual events before applying any calendar-month, calendar-year or final-day provision.
- Preserve the conduct dates, applicable current or former offense definitions, age and defendant allegations. Review historical applicability and any separate revival provision.
A calendar anniversary cannot decide the statutory classification or supply missing facts. No computed or paid date is published.
CPLR 213-cWhat distinguishes the relevant statutory branches?
Fictitious comparison. Two people allege qualifying conduct but one was under eighteen when it occurred. The same conduct date does not establish the same governing twenty-year or age-based regime.
The single accrual preset cannot classify the specified offense, childhood age-based regime and historical or revival law. No final date is calculated or sold.
Which qualifications change this inquiry?
- Exact offense definitions
- The current paragraph includes expressly named current and former Penal Law subdivisions. Check the edition applicable to the conduct.
- Childhood conduct
- Section 208(b) has its own conduct, age and defendant scope.
- Revival remains distinct
- Finley v Diocese of Brooklyn addresses the separate CPLR 214-g revival window and COVID-era toll, not automatic revival under section 213-c.
- 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.
- The single accrual preset cannot classify the specified offense, childhood age-based regime and historical or revival law. No final date is calculated or sold.
Which facts and completed acts should be preserved?
Questions about CPLR 213-c
Which New York filing regime applies to qualifying sexual-offense injury?
Must a defendant have been convicted first?
No. Section 213-c expressly says a criminal charge or conviction is not a prerequisite.
CPLR 213-CDoes twenty years replace the childhood rule?
No. The statute expressly excepts section 208(b).
CPLR 208Does the current text reopen every old claim?
No automatic revival is established here. Review the historical edition, specific revival provision and governing decisions separately.
CPLR 213-COfficial New York sources and review
Provisions used (13)
| Provision | Purpose |
|---|---|
| CPLR 213-c | The particular statutory procedure and its conditions |
| CPLR 208 | The separately identified qualification or accrual provision |
| Finley v Diocese of Brooklyn, 2026 NY Slip Op 01183, parts II–III | 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 |