§ 208 — Infancy, insanity

New York § 208

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 2: Limitations of Time

Text

§ 208. Infancy, insanity. (a) If a person entitled to commence an\naction is under a disability because of infancy or insanity at the time\nthe cause of action accrues, and the time otherwise limited for\ncommencing the action is three years or more and expires no later than\nthree years after the disability ceases, or the person under the\ndisability dies, the time within which the action must be commenced\nshall be extended to three years after the disability ceases or the\nperson under the disability dies, whichever event first occurs; if the\ntime otherwise limited is less than three years, the time shall be\nextended by the period of disability. The time within which the action\nmust be commenced shall not be extended by this provision beyond ten\nyears after the cause of action accrues, except, in any action other\nthan for medical, dental or podiatric malpractice, where the person was\nunder a disability due to infancy. This section shall not apply to an\naction to recover a penalty or forfeiture, or against a sheriff or other\nofficer for an escape.\n (b) Notwithstanding any provision of law which imposes a period of\nlimitation to the contrary and the provisions of any other law\npertaining to the filing of a notice of claim or a notice of intention\nto file a claim as a condition precedent to commencement of an action or\nspecial proceeding, with respect to all civil claims or causes of action\nbrought by any person for physical, psychological or other injury or\ncondition suffered by such person as a result of conduct which would\nconstitute a sexual offense as defined in article one hundred thirty of\nthe penal law committed against such person who was less than eighteen\nyears of age, incest as defined in section 255.27, 255.26 or 255.25 of\nthe penal law committed against such person who was less than eighteen\nyears of age, or the use of such person in a sexual performance as\ndefined in section 263.05 of the penal law, or a predecessor statute\nthat prohibited such conduct at the time of the act, which conduct was\ncommitted against such person who was less than eighteen years of age,\nsuch action may be commenced, against any party whose intentional or\nnegligent acts or omissions are alleged to have resulted in the\ncommission of said conduct, on or before the plaintiff or infant\nplaintiff reaches the age of fifty-five years. In any such claim or\naction, in addition to any other defense and affirmative defense that\nmay be available in accordance with law, rule or the common law, to the\nextent that the acts alleged in such action are of the type described in\nsubdivision one of section 130.30 of the penal law or subdivision one of\nsection 130.45 of the penal law, the affirmative defenses set forth,\nrespectively, in the closing paragraph of such sections of the penal law\nshall apply.\n