Issue: What actions must commence within the Six-Year Limitation Period/’Catch-all’ Provision in New York?
|Area of Law:||Business Organizations & Contracts, Litigation & Procedure, Personal Injury & Negligence|
|Keywords:||Limitation Period; Action|
|Cited Statutes:||N.Y. C.P.L.R. 213|
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.