Getting started · For the both

Deadlines and Statutes of Limitations in New York Civil Cases

Litigation is a sequence of clocks. The limitations period governs whether the claim exists at all. After filing, there is a window for service, a period for the answer, deadlines set by conference order, a cutoff for summary judgment, and a strict window for appeal. Each one can end a case independently of the merits.

Limitations periods by claim type

New York sets different periods for written contracts, sale-of-goods claims, personal injury, property damage, fraud, professional malpractice and consumer credit debt, among others. Two claims arising from the same event can have different deadlines. Because the exact period and its accrual date determine whether a claim survives, confirm both against the current statute before assuming you have time.

When the clock starts

Generally at accrual — the moment the claim could first be brought. Fraud has a discovery component; continuing-treatment and continuing-wrong doctrines can extend certain claims; and payments or written acknowledgments can affect some debt claims. These doctrines are narrower than litigants hope, and relying on them without analysis is risky.

Contractual deadlines

Contracts often shorten the time to sue, require notice of a claim within a set period, or impose a cure process before suit. Courts enforce reasonable provisions of this kind. Before filing, read the contract for notice-and-cure, limitation-of-actions and dispute-resolution clauses — skipping one is a common basis for dismissal.

The deadlines after filing

Service within the statutory window. The answer within the applicable period. Discovery per the conference order. Summary judgment within the days allowed after the note of issue. Notice of appeal within the period after notice of entry. Motion to vacate a default within the applicable window. Build these into a calendar at the start of every case.

Common questions

What if my deadline already passed?
A limitations defense must be raised by the defendant and can be waived if omitted from the answer or a timely motion, but do not count on that. Get the dates reviewed.
Does sending a demand letter stop the clock?
No. Only commencing the action, or a recognized tolling event, affects the limitations period.
Are the deadlines different in Housing Court?
Summary proceedings run on compressed timeframes with their own notice requirements, so deadlines there are shorter than in ordinary civil actions.

Have a matter in Kings County?

Tell us what happened and we will tell you where it belongs, what the deadline is, and what it will cost. We respond within the hour during business hours.

Related guides

This guide is general information about court procedure in Kings County, New York. It is not legal advice and does not create an attorney-client relationship. Court rules, fees and deadlines change — confirm current requirements with the court or an attorney before acting. Dispute Counsel PLLC serves New York residents, businesses and New York local representation.