N.Y. Civil Practice Law & Rules Section 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 Real Property Actions & Proceedings Law § 1501 (Who may maintain an action)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 Executive Law § 63 (General duties)section sixty-three of the executive law.

Source: Section 213 — Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortg..., https://www.­nysenate.­gov/legislation/laws/CVP/213 (updated Jan. 6, 2023; accessed Dec. 21, 2024).

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 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
Green check means up to date. Up to date

Accessed:
Dec. 21, 2024

Last modified:
Jan. 6, 2023

§ 213’s source at nysenate​.gov

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