N.Y. Civil Practice Law & Rules Section 215
Actions to be commenced within one year: against sheriff, coroner or constable

  • for escape of prisoner
  • for assault, battery, false impri...

§ 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 Civil Rights Law § 51 (Action for injunction and for damages)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 Real Property Law § 223-B (Retaliation by landlord against tenant)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 criminal sexual act in the first degree as 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. * NB Effective until September 1, 2024 * (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. * NB Effective September 1, 2024 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 Social Services Law § 459-A (Definitions)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 § 214 (Actions to be commenced within three years: for non-payment of money collected on execution)section two hundred fourteen of this article or subdivision eight of this section.

Source: Section 215 — Actions to be commenced within one year: against sheriff, coroner or constable; for escape of prisoner; for assault, battery, false impri..., https://www.­nysenate.­gov/legislation/laws/CVP/215 (updated Feb. 2, 2024; accessed Jun. 15, 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

Accessed:
Jun. 15, 2024

Last modified:
Feb. 2, 2024

§ 215’s source at nysenate​.gov

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