N.Y. Civil Practice Law & Rules Section 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 Correction Law § 2 (Definitions)section two of the correction law, a hospital as defined in subdivision two of Correction Law § 400 (Definitions)section four hundred of the correction law, a correctional facility as defined in subdivision three of Correction Law § 40 (Definitions)section forty of the correction law, a local correctional facility as defined in subdivision two of Correction Law § 40 (Definitions)section forty of the correction law, or an alternate correctional facility as defined in subdivision one of Correction Law § 87 (Definitions)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.

Source: Section 208-A — In custody at time of cause of action, https://www.­nysenate.­gov/legislation/laws/CVP/208-A (updated Feb. 20, 2026; accessed Feb. 21, 2026).

201
Application of article 202
Cause of action accruing without the state 203
Method of computing periods of limitation generally 204
Stay of commencement of action 205
Termination of action 205–A
Termination of certain actions related to real property 206
Computing periods of limitation in particular actions 207
Defendant’s absence from state or residence under false name 208
Infancy, insanity 208–A
In custody at time of cause of action 209
War 210
Death of claimant or person liable 211
Actions to be commenced within twenty years 212
Actions to be commenced within ten or fifteen years 213
Actions to be commenced within six years: where not otherwise provided for 213–A
Residential rent overcharge 213–B
Action by a victim of a criminal offense 213–C
Action by victim of conduct constituting certain sexual offenses 213–D
Actions to be commenced within three years 214
Actions to be commenced within three years: for non-payment of money collected on execution 214–A
Action for medical, dental or podiatric malpractice to be commenced within two years and six months 214–B
Action to recover damages for personal injury caused by contact with or exposure to phenoxy herbicides 214–C
Certain actions to be commenced within three years of discovery 214–D
Limitations on certain actions against licensed engineers and architects 214–E
Action to recover damages for personal injury caused by the infusion of such blood products which result in the contraction of the human ... 214–F
Action to recover damages for personal injury caused by contact with or exposure to any substance or combination of substances found with... 214–G
Certain child sexual abuse cases 214–H
Certain actions by public water suppliers to recover damages for injury to property 214–I
Certain actions arising out of consumer credit transactions to be commenced within three years 214–I*2
Action to recover damages for personal injury caused by contact with or exposure to toxic burn pits 214–J
Certain sexual offense actions 215
Actions to be commenced within one year: against sheriff, coroner or constable 216
Abbreviation of period to one year after notice 217
Proceeding against body or officer 217–A
Actions to be commenced within one year and ninety days 218
Transitional provisions
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Verified:
Feb. 21, 2026

Last modified:
Feb. 20, 2026

§ 208-A. In custody at time of cause of action's source at nysenate​.gov

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