Legal Memorandum: Actions under the "Catch-all Provision" in NY

Issue: What actions must commence within the Six-Year Limitation Period/’Catch-all’ Provision in New York?

N.Y. C.P.L.R. 213

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  of  this article or  article 2 of the uniform commercial code or article 36-B of the general business law;   

. . .

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.

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