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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.

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Read why no date is calculated
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
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.

CPLR 213-c

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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-c

Which periods must be established before counting?

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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-c

What 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.
CPLR 213-c
  • 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-C

Does twenty years replace the childhood rule?

No. The statute expressly excepts section 208(b).

CPLR 208

Does 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-C

Official New York sources and review

Provisions used (13)
Provisions used in this guide
ProvisionPurpose
CPLR 213-cThe particular statutory procedure and its conditions
CPLR 208The separately identified qualification or accrual provision
Finley v Diocese of Brooklyn, 2026 NY Slip Op 01183, parts II–IIIThe separately identified qualification or accrual provision
CPLR 203(a), (c)The separately identified qualification or accrual provision
CPLR 202The 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 20Applicable event-day, calendar-interval or statutory final-day provision
General Construction Law 30Applicable event-day, calendar-interval or statutory final-day provision
General Construction Law 58Applicable event-day, calendar-interval or statutory final-day provision
General Construction Law 24Applicable event-day, calendar-interval or statutory final-day provision
General Construction Law 25-aApplicable event-day, calendar-interval or statutory final-day provision
CPLR 304Commencement 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
Read the official provision

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