§ 215 — Actions to be commenced within one year: against sheriff, coroner or constable; for escape of prisoner; for assault, battery, false impri...

New York § 215

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

Text

§ 215. Actions to be commenced within one year: against sheriff,\ncoroner or constable; for escape of prisoner; for assault, battery,\nfalse imprisonment, malicious prosecution, libel or slander; for\nviolation of right of privacy; for penalty given to informer; on\narbitration award. The following actions shall be commenced within one\nyear:\n 1. an action against a sheriff, coroner or constable, upon a liability\nincurred by him by doing an act in his official capacity or by omission\nof an official duty, except the non-payment of money collected upon an\nexecution;\n 2. an action against an officer for the escape of a prisoner arrested\nor imprisoned by virtue of a civil mandate;\n 3. an action to recover damages for assault, battery, false\nimprisonment, malicious prosecution, libel, slander, false words causing\nspecial damages, or a violation of the right of privacy under section\nfifty-one of the civil rights law;\n 4. an action to enforce a penalty or forfeiture created by statute and\ngiven wholly or partly to any person who will prosecute; if the action\nis not commenced within the year by a private person, it may be\ncommenced on behalf of the state, within three years after the\ncommission of the offense, by the attorney-general or the district\nattorney of the county where the offense was committed; and\n 5. an action upon an arbitration award.\n 6. An action to recover any overcharge of interest or to enforce a\npenalty for such overcharge.\n 7. an action by a tenant pursuant to subdivision three of section two\nhundred twenty-three-b of the real property law.\n 8. (a) Whenever it is shown that a criminal action against the same\ndefendant has been commenced with respect to the event or occurrence\nfrom which a claim governed by this section arises, the plaintiff shall\nhave at least one year from the termination of the criminal action as\ndefined in section 1.20 of the criminal procedure law in which to\ncommence the civil action, notwithstanding that the time in which to\ncommence such action has already expired or has less than a year\nremaining.\n (b) Whenever it is shown that a criminal action against the same\ndefendant has been commenced with respect to the event or occurrence\nfrom which a claim governed by this section arises, and such criminal\naction is for rape in the first degree as defined in section 130.35 of\nthe penal law, or a crime formerly defined in section 130.50 of the\npenal law, or aggravated sexual abuse in the first degree as defined in\nsection 130.70 of the penal law, or course of sexual conduct against a\nchild in the first degree as defined in section 130.75 of the penal law,\nthe plaintiff shall have at least five years from the termination of the\ncriminal action as defined in section 1.20 of the criminal procedure law\nin which to commence the civil action, notwithstanding that the time in\nwhich to commence such action has already expired or has less than a\nyear remaining.\n 9. Notwithstanding the opening paragraph of this section, an action\nthat may be brought to recover damages for injury arising from domestic\nviolence, as defined in section four hundred fifty-nine-a of the social\nservices law, shall be commenced within two years. Nothing in this\nsubdivision shall be construed to modify any time limitation contained\nin section two hundred fourteen of this article or subdivision eight of\nthis section.\n