Issue: Would New York consider a foreign statute of repose procedural or substantive?
|Area of Law:||Litigation & Procedure|
|Keywords:||Statute of repose; Foreign; Procedural or substantive|
|Cited Cases:||428 N.Y.S.2d 393; 668 F.2d 142|
New York considers statutes of limitations to be procedural. See Stafford v. International Harvester Co., 668 F.2d 142 (1981). It is not clear whether a statute of repose is procedural. However, the court in one case found that a two-year prescriptive period was substantive law of Quebec, and thus barred a suit which would have fallen within the three-year statute of limitations for New York. See Icelandic Airlines, Inc., v. Canadair, Ltd. 104 Misc. 2d 239, 428 N.Y.S.2d 393, 398 (1980).