Issue: When does the statute of limitations begin to run in a matter where multiple were all done as part of a single conspiracy under New York law?
| Area of Law: | Litigation & Procedure |
| Keywords: | Statute of limitations; Conspiracy |
| Jurisdiction: | New York |
| Cited Cases: | 264 N.Y.S.2d 931; 73 N.Y.S.2d 727 |
| Cited Statutes: | None |
| Date: | 02/01/2012 |
As a general matter, the statute of limitations begins to run from the date of the commission of each occurrence. Clayton v. Farish, 191 Misc. 136, 73 N.Y.S.2d 727 (Sup. Ct. N.Y. County 1947). On the other hand, there is authority for the rule that a statute of limitations begins to run from the date of the last overt act of the existing and continuing conspiracy. State v. N.Y. Movers Tariff Bur., Inc., 48 Misc. 2d 225, 264 N.Y.S.2d 931 (Sup. Ct. N.Y. County 1965).
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