Issue: When does the discovery rule apply to tort claims in New York?
| Area of Law: | Litigation & Procedure, Personal Injury & Negligence |
| Keywords: | Discovery rule; Tort claim |
| Jurisdiction: | New York |
| Cited Cases: | 631 N.Y.S.2d 637; 302 A.D.2d 211; 755 N.Y.S.2d 76; 219 A.D.2d 479 |
| Cited Statutes: | None |
| Date: | 04/01/2013 |
Tracy v. PowWow Prod., 302 A.D.2d 211, 755 N.Y.S.2d 76 (1st Dep't 2003) (claim for misappropriated or wrongful use of graffiti artist's "Wild Style" name accrued when he learned that defendants named their documentary film Wild Style)
Accounting of Sakow, 219 A.D.2d 479, 631 N.Y.S.2d 637 (1st Dep't 1995) (applying 2-year discovery rule to fraud claim brought by sisters against older brother for his handling of father's estate; although sisters were aware of terms of will four years earlier, petition for accounting tolled limitations period and claim did not begin to run until brother filed first accounting and sisters first learned of brother's fraud)
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