N.Y. Civil Practice Law & Rules § 208: Infancy, insanity

§ 208. Infancy, insanity. (a) If a person entitled to commence an

action is under a disability because of infancy or insanity at the time

the cause of action accrues, and the time otherwise limited for

commencing the action is three years or more and expires no later than

three years after the disability ceases, or the person under the

disability dies, the time within which the action must be commenced

shall be extended to three years after the disability ceases or the

person under the disability dies, whichever event first occurs; if the

time otherwise limited is less than three years, the time shall be

extended by the period of disability. The time within which the action

must be commenced shall not be extended by this provision beyond ten

years after the cause of action accrues, except, in any action other

than for medical, dental or podiatric malpractice, where the person was

under a disability due to infancy. This section shall not apply to an

action to recover a penalty or forfeiture, or against a sheriff or other

officer for an escape.

(b) Notwithstanding any provision of law which imposes a period of

limitation to the contrary and the provisions of any other law

pertaining to the filing of a notice of claim or a notice of intention

to file a claim as a condition precedent to commencement of an action or

special proceeding, with respect to all civil claims or causes of action

brought by any person for physical, psychological or other injury or

condition suffered by such person as a result of conduct which would

constitute a sexual offense as defined in article one hundred thirty of

the penal law committed against such person who was less than eighteen

years of age, incest as defined in section 255.27, 255.26 or 255.25 of

the penal law committed against such person who was less than eighteen

years of age, or the use of such person in a sexual performance as

defined in section 263.05 of the penal law, or a predecessor statute

that prohibited such conduct at the time of the act, which conduct was

committed against such person who was less than eighteen years of age,

such action may be commenced, against any party whose intentional or

negligent acts or omissions are alleged to have resulted in the

commission of said conduct, on or before the plaintiff or infant

plaintiff reaches the age of fifty-five years. In any such claim or

action, in addition to any other defense and affirmative defense that

may be available in accordance with law, rule or the common law, to the

extent that the acts alleged in such action are of the type described in

subdivision one of section 130.30 of the penal law or subdivision one of

section 130.45 of the penal law, the affirmative defenses set forth,

respectively, in the closing paragraph of such sections of the penal law

shall apply.