§ 213 — Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortg...

New York § 213

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

Text

§ 213. Actions to be commenced within six years: where not otherwise\nprovided for; on contract; on sealed instrument; on bond or note, and\nmortgage upon real property; by state based on misappropriation of\npublic property; based on mistake; by corporation against director,\nofficer or stockholder; based on fraud. The following actions must be\ncommenced within six years:\n 1. an action for which no limitation is specifically prescribed by\nlaw;\n 2. an action upon a contractual obligation or liability, express or\nimplied, except as provided in section two hundred thirteen-a or two\nhundred fourteen-i of this article or article 2 of the uniform\ncommercial code or article 36-B of the general business law;\n 3. an action upon a sealed instrument;\n 4. an action upon a bond or note, the payment of which is secured by a\nmortgage upon real property, or upon a bond or note and mortgage so\nsecured, or upon a mortgage of real property, or any interest therein;\n (a) In any action on an instrument described under this subdivision,\nif the statute of limitations is raised as a defense, and if that\ndefense is based on a claim that the instrument at issue was accelerated\nprior to, or by way of commencement of a prior action, a plaintiff shall\nbe estopped from asserting that the instrument was not validly\naccelerated, unless the prior action was dismissed based on an expressed\njudicial determination, made upon a timely interposed defense, that the\ninstrument was not validly accelerated.\n (b) In any action seeking cancellation and discharge of record of an\ninstrument described under subdivision four of section fifteen hundred\none of the real property actions and proceedings law, a defendant shall\nbe estopped from asserting that the period allowed by the applicable\nstatute of limitation for the commencement of an action upon the\ninstrument has not expired because the instrument was not validly\naccelerated prior to, or by way of commencement of a prior action,\nunless the prior action was dismissed based on an expressed judicial\ndetermination, made upon a timely interposed defense, that the\ninstrument was not validly accelerated.\n 5. an action by the state based upon the spoliation or other\nmisappropriation of public property; the time within which the action\nmust be commenced shall be computed from discovery by the state of the\nfacts relied upon;\n 6. an action based upon mistake;\n 7. an action by or on behalf of a corporation against a present or\nformer director, officer or stockholder for an accounting, or to procure\na judgment on the ground of fraud, or to enforce a liability, penalty or\nforfeiture, or to recover damages for waste or for an injury to property\nor for an accounting in conjunction therewith.\n 8. an action based upon fraud; the time within which the action must\nbe commenced shall be the greater of six years from the date the cause\nof action accrued or two years from the time the plaintiff or the person\nunder whom the plaintiff claims discovered the fraud, or could with\nreasonable diligence have discovered it.\n 9. an action by the attorney general pursuant to article\ntwenty-three-A of the general business law or subdivision twelve of\nsection sixty-three of the executive law.\n