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New York · Through 2026-09-11

N.Y. Civil Practice Law & Rules § 208-a: In custody at time of cause of action

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Where this section sits in the code
  1. Civil Practice Law & Rules
  2. Article 2. Limitations of Time

§ 208-a. In custody at time of cause of action. Notwithstanding any

provisions of law that impose a period of limitation to the contrary or

any 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 to recover

damages for physical, psychological, or other injury or condition

suffered while under the jurisdiction and in the care and custody or

supervision of: the state department of corrections and community

supervision, except a person under community supervision as defined in

subdivision thirty-one of section two of the correction law, a hospital

as defined in subdivision two of section four hundred of the correction

law, a correctional facility as defined in subdivision three of section

forty of the correction law, a local correctional facility as defined in

subdivision two of section forty of the correction law, or an alternate

correctional facility as defined in subdivision one of section

eighty-seven of the correction law, the time in which such action must

commence shall have the full benefit of the limitations period provided

in the relevant section of law and, in addition, shall have a two-year

window following the date of the person's release from the relevant

period of custody within which to commence an action based on such

injury or condition. For any claim that would have been time-barred but

for the application of this section, no notice of claim or notice of

intention to file a claim shall be required as a condition precedent to

the commencement of such action or special proceeding. This exemption

shall not apply to any claim that was timely under the otherwise

applicable statute of limitations.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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