Legal Memorandum: Foreign Statute of Repose in NY

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
Jurisdiction: New York
Cited Cases: 428 N.Y.S.2d 393; 668 F.2d 142
Cited Statutes: None
Date: 04/01/2001

           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).


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