N.Y. Civil Practice Law & Rules § 213: Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortg...

§ 213. Actions to be commenced within six years: where not otherwise

provided for; on contract; on sealed instrument; on bond or note, and

mortgage upon real property; by state based on misappropriation of

public property; based on mistake; by corporation against director,

officer or stockholder; based on fraud. The following actions must be

commenced within six years:

1. an action for which no limitation is specifically prescribed by

law;

2. an action upon a contractual obligation or liability, express or

implied, except as provided in section two hundred thirteen-a or two

hundred fourteen-i of this article or article 2 of the uniform

commercial code or article 36-B of the general business law;

3. an action upon a sealed instrument;

4. an action upon a bond or note, the payment of which is secured by a

mortgage upon real property, or upon a bond or note and mortgage so

secured, or upon a mortgage of real property, or any interest therein;

(a) In any action on an instrument described under this subdivision,

if the statute of limitations is raised as a defense, and if that

defense is based on a claim that the instrument at issue was accelerated

prior to, or by way of commencement of a prior action, a plaintiff shall

be estopped from asserting that the instrument was not validly

accelerated, unless the prior action was dismissed based on an expressed

judicial determination, made upon a timely interposed defense, that the

instrument was not validly accelerated.

(b) In any action seeking cancellation and discharge of record of an

instrument described under subdivision four of section fifteen hundred

one of the real property actions and proceedings law, a defendant shall

be estopped from asserting that the period allowed by the applicable

statute of limitation for the commencement of an action upon the

instrument has not expired because the instrument was not validly

accelerated prior to, or by way of commencement of a prior action,

unless the prior action was dismissed based on an expressed judicial

determination, made upon a timely interposed defense, that the

instrument was not validly accelerated.

5. an action by the state based upon the spoliation or other

misappropriation of public property; the time within which the action

must be commenced shall be computed from discovery by the state of the

facts relied upon;

6. an action based upon mistake;

7. an action by or on behalf of a corporation against a present or

former director, officer or stockholder for an accounting, or to procure

a judgment on the ground of fraud, or to enforce a liability, penalty or

forfeiture, or to recover damages for waste or for an injury to property

or for an accounting in conjunction therewith.

8. an action based upon fraud; the time within which the action must

be commenced shall be the greater of six years from the date the cause

of action accrued or two years from the time the plaintiff or the person

under whom the plaintiff claims discovered the fraud, or could with

reasonable diligence have discovered it.

9. an action by the attorney general pursuant to article

twenty-three-A of the general business law or subdivision twelve of

section sixty-three of the executive law.