N.Y. Civil Practice Law & Rules § 206: Computing periods of limitation in particular actions

§ 206. Computing periods of limitation in particular actions. (a)

Where demand necessary. Except as provided in article 3 of the uniform

commercial code, where a demand is necessary to entitle a person to

commence an action, the time within which the action must be commenced

shall be computed from the time when the right to make the demand is

complete, except that

1. where a right grows out of the receipt or detention of money or

property by a trustee, agent, attorney or other person acting in a

fiduciary capacity, the time within which the action must be commenced

shall be computed from the time when the person having the right to make

the demand discovered the facts upon which the right depends; and

2. where there was a deposit of money to be repaid only upon a special

demand, or a delivery of personal property not to be returned

specifically or in kind at a fixed time or upon a fixed contingency, the

time within which the action must be commenced shall be computed from

the demand for repayment or return.

(b) Based on misconduct of agent. Where a judgment is entered against

a principal in an action based upon an injury resulting from the act or

omission of his deputy or agent, the time within which an action by the

principal against the deputy or agent to recover damages by reason of

such judgment must be commenced shall be computed, from the time when

the action against the principal was finally determined. Where an injury

results from the representation by a person that he is an agent with

authority to execute a contract in behalf of a principal, the time

within which an action to recover damages for breach of warranty of

authority must be commenced by the person injured against the purported

agent shall be computed from the time the person injured discovered the

facts constituting lack of authority.

(c) Based on breach of covenant of seizin or against incumbrances. In

an action based upon breach of a covenant of seizin or against

incumbrances, the time within which the action must be commenced shall

be computed from an eviction.

(d) Based on account. In an action based upon a mutual, open and

current account, where there have been reciprocal demands between the

parties, the time within which the action must be commenced shall be

computed from the time of the last transaction in the account on either

side.