The Statute of Limitations in Legal Malpractice
The most important time limit in litigation is the date upon which the case becomes officially too old to commence. In some states there are statutes of repose, but in New York it is the statute of limitations that controls almost every aspect of litigation.
April 03, 2024 at 10:00 AM
10 minute read
Time is an ancient recurring theme in litigation. How long will it take? When will the case be decided? How long do I have to sue? Is it too late? The concept is biblical in scope: Deuteronomy 15:1-2 sets a seven-year statute on debt claims, not significantly different from the six-year period in CPLR 213.
There are three important issues in statute of limitations analysis: The date of commencement, the length of the statute and tolling of the running of the statute.
The most important time limit in litigation is the date upon which the case becomes officially too old to commence. In some states there are statutes of repose, but in New York it is the statute of limitations that controls almost every aspect of litigation.
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