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New York · Through 2026-09-11

N.Y. Civil Practice Law & Rules § 215: Actions to be commenced within one year: against sheriff, coroner or constable; for escape of prisoner; for assault, battery, false impri...

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

§ 215. Actions to be commenced within one year: against sheriff,

coroner or constable; for escape of prisoner; for assault, battery,

false imprisonment, malicious prosecution, libel or slander; for

violation of right of privacy; for penalty given to informer; on

arbitration award. The following actions shall be commenced within one

year:

1. an action against a sheriff, coroner or constable, upon a liability

incurred by him by doing an act in his official capacity or by omission

of an official duty, except the non-payment of money collected upon an

execution;

2. an action against an officer for the escape of a prisoner arrested

or imprisoned by virtue of a civil mandate;

3. an action to recover damages for assault, battery, false

imprisonment, malicious prosecution, libel, slander, false words causing

special damages, or a violation of the right of privacy under section

fifty-one of the civil rights law;

4. an action to enforce a penalty or forfeiture created by statute and

given wholly or partly to any person who will prosecute; if the action

is not commenced within the year by a private person, it may be

commenced on behalf of the state, within three years after the

commission of the offense, by the attorney-general or the district

attorney of the county where the offense was committed; and

5. an action upon an arbitration award.

6. An action to recover any overcharge of interest or to enforce a

penalty for such overcharge.

7. an action by a tenant pursuant to subdivision three of section two

hundred twenty-three-b of the real property law.

8. (a) Whenever it is shown that a criminal action against the same

defendant has been commenced with respect to the event or occurrence

from which a claim governed by this section arises, the plaintiff shall

have at least one year from the termination of the criminal action as

defined in section 1.20 of the criminal procedure law in which to

commence the civil action, notwithstanding that the time in which to

commence such action has already expired or has less than a year

remaining.

(b) Whenever it is shown that a criminal action against the same

defendant has been commenced with respect to the event or occurrence

from which a claim governed by this section arises, and such criminal

action is for rape in the first degree as defined in section 130.35 of

the penal law, or a crime formerly defined in section 130.50 of the

penal law, or aggravated sexual abuse in the first degree as defined in

section 130.70 of the penal law, or course of sexual conduct against a

child in the first degree as defined in section 130.75 of the penal law,

the plaintiff shall have at least five years from the termination of the

criminal action as defined in section 1.20 of the criminal procedure law

in which to commence the civil action, notwithstanding that the time in

which to commence such action has already expired or has less than a

year remaining.

9. Notwithstanding the opening paragraph of this section, an action

that may be brought to recover damages for injury arising from domestic

violence, as defined in section four hundred fifty-nine-a of the social

services law, shall be commenced within two years. Nothing in this

subdivision shall be construed to modify any time limitation contained

in section two hundred fourteen of this article or subdivision eight of

this section.

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

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