I'm new and am wondering where I could find the statutes that detail the possible ways to toll the statute of limitations in New York. Also, might some of these possibilities not be in statutes but in case law? In either event, I'm looking for the broad categories whereby tolling of a statute of limitation is possible.
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4"...*toll* the statute of limitations." No one has any idea of what you're talking about.– BlueDogRanchDec 30, 2019 at 4:46
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7@BlueDogRanch: I do. I think the question seems pretty clear. Tolling is standard terminology. The question may be rather broad, but as it's only asking for an overview, I think it's okay.– Nate EldredgeDec 30, 2019 at 8:28
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3Hah, I didn't know that. "Tolling is a legal doctrine that allows for the pausing or delaying of the running of the period of time set forth by a statute of limitations, such that a lawsuit may potentially be filed even after the statute of limitations has run." en.wikipedia.org/wiki/Tolling_(law)– BlueDogRanchDec 30, 2019 at 16:30
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3I knew when I passed the NYS bar exam in 1995. I'll have to do research to give an accurate answer now because I haven't looked at the question for decades and the relevant statutory and case law has probably changed since then. It is probably in the NY CPLR (New York Civil Procedure Law and Rules) as far as statutes go, and most of the case law is probably in annotations to those statutes although there may be a handful of uncodified exceptions to the statutory rules that arise in equity.– ohwillekeDec 30, 2019 at 20:09
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2Can't comment due to reputation requirements, but there's a closely related question: law.stackexchange.com/questions/25353/…– SamDec 30, 2021 at 4:48
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1 Answer
The main grounds for tolling a non-criminal case statute of limitations set forth in statutes in New York State are as follows, which can be found at this link:
NY CPLR § 207. Defendant's absence from state or residence under false name
NY CPLR § 208. Infancy, insanity
NY CPLR § 209. War
NY CPLR § 210. Death of claimant or person liable; cause of action accruing after death and before grant of letters
There are also case law grounds to toll a statute of limitations that aren't easy to sum up in one place.
Finally, in addition to the question of tolling, there is a related question of when a cause of action accrues (i.e. when do you start counting). In many cases, a statute of limitations only begins to accrue when particular facts are discovered by a potential plaintiff, rather than when the wrongful act actually occurs.
answered Dec 30, 2021 at 23:29
