39793825
Description
Flashcards by Emily Deragon, updated 2 months ago
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Created by Emily Deragon
3 months ago
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| Question | Answer |
| CPLR 203 How is the statute of limitations measured? | from the time the cause of action accrued to the date that the action was interposed |
| CPLR 203 Define action interposed | when time SOL time period stops. Generally when the papers are served on the defendant |
| CPLR 203 What are the two types of actions interposed | Claim commenced by service and claim commenced by filing |
| CPLR 203 What 5 ways are actions commenced by service complete? | 1. the summons is served on the defendant 2. the summons is first published 3. order for provisional remedy is granted ( summons must be served within 30 days) 4. Order of attachment is granted 5. summons is delivered to the sheriff for service (upstate) or filed with the county clerk (NYC) (summons served within 60 days of delivery) |
| CPLR 203 In supreme court how is action commenced? | by filing |
| CPLR 203(B) (2)-(5) when is a defense or counterclaim interposed? | when a pleading containing it is served. |
| CPLR 203 (B) (2)-(5) Except as provided in CPLR 214A When there is discovery of new facts when shall action be commenced? | within 2 years of the discovery or when the facts should have been discovered or within the period otherwise provided, whichever is longer |
| CPLR 203 (B) (2)-(5) in an action for failure to diagnose cancer or malignant tumor when does the SOL start to run? | When the person knew or should of known of a doctors failure to diagnose or 7 years from the alleged miss diagnosis |
| CPLR 205 Termination of an action how long after an action is terminated can a person refile provided (unless termination is due to voluntary discontinuance, failure to obtain personal jurisdiction over a defendant, etc. ) | 6 months and and service on defendant must be done within that 6 month period |
| CPLR 207 when a person is absent from NYS under a false name, when does time start | when such person returns to the state |
| CPLR 206 When a demand bust be filed upon the defendant, when does time start? | when the right to make the demand is complete |
| CPLR 208 when a plaintiff is an infant or legally insane and the SOL is 3 years or more for a lawsuit how long is the time period extended? | 3 years after the disability ceases (Person turns 18 years old) |
| CPLR 208 When a plaintiff is an infant or legally insane and the SOL is less than 3 years how long is it extended | until the disability ceases |
| CPLR 208(B) when the victim of a sexual crime was under 18 at the time of the crime, when is the time to file extended to ? | until the victims 55th birthday |
| CPLR 208(B) when a victim of a sexual crimes claim expired under the old SOL law how long do they have to file now? | 6 months after the new law went into effect but no more than 2 1/2 years after the law went into effect |
| CPLR 209 war if a cause of action arose in a foreign country that the US is at war with, when does time to file extend to? | until the war is over |
| CPLR 210 SOL for Bonds | 20 years |
| SOL for Money judgments | 20 years |
| SOL for cases by the State for real property | 20 years |
| SOL for cases by guarantee of State for real property | 20 years |
| SOL for support, alimony maintenance | 20 years to enforce from default |
| SOL to recover real property | 10 years |
| SOL for annulment of letters patent | 10 years |
| SOL to redeem on a mortgage | 10 years |
| SOL to recover on an affidavit of support | 10 years |
| SOL for when a criminal benefits from a crime | 10 years |
| SOL for victims of sex trafficking | 15 years |
| SOL for a crime victim | 7 years from the date of the crime |
| SOL for an action where a specific time period is not set | 6 years |
| SOL for action on contract | 6 years |
| SOL for action on a sealed instrument | 6 years |
| SOL for action on a bond or note secured by real property | 6 years |
| SOL for action by state upon the misappropriation of public property | 6 years |
| SOL for action based on mistake | 6 years |
| SOL for action on behalf of a corporation for accounting | 6 years |
| SOL for action based on fraud | 6 years |
| SOL for action by the attorney general | 6 years |
| SOL for overcharge penalties for non-payment of rent | 6 years |
| SOL for mortgage upon real property | 6 years |
| SOL for sexual offenses | 5 years |
| SOL for residential rent overcharge | 6 years |
| SOL for action against a sheriff (execution) | 3 years (3 you're free from execution) |
| SOL for liability imposed by a statute | 3 (liability-lie-is 3 letters) |
| SOL for injury to property | 3 years |
| SOL for personal injury | 3 years |
| SOL for medical debt | 3 years (M3dical d3bt) |
| SOL for malpractice-other than medical, dental, or podiatric | 3 years |
| SOL to annual a marriage based on fraud | 3 years (3 you're free from fraud) |
| SOL for consumer credit transactions | 3 years |
| SOL to recover chattel | 3 years |
| SOL for medical, dental, or podiatric malpractice | 2 and 1/2 years or 1 year from discovery |
| SOL for exposure to phenoxy or phenotype herbicides | 2 years |
| SOL for suing a sheriff, coroner, or constable for something other than execution | 1 year |
| SOL for damages as a result of an assault, false imprisonment, malicious prosecution, libel or slander | 1 years |
| SOL for tenant | 1 year |
| SOL for penalty | 1 year |
| SOL for arbitration award overcharge of interest | 1 years (overcharge, they don't wanna give you your money back) |
| SOL for personal injury caused by exposure to certain substances | 3 years |
| SOL for Infustion on blood products that resulted in the contraction of HIV | within 2 years of the effective date of legislation |
| SOL for superfund site exposure | within 3 years of such designation as a superfund site |
| SOL for toxic burn pits | 3 years from the date of discovery of injury |
| CPLR 203(d) for statute of limitations purposes, a defense or counterclaim is interposed when what? | pleadings containing it are served |
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