2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 2 - (201 - 218) LIMITATIONS OF TIME
206 - Computing periods of limitation in particular actions.


NY CPLR § 206 (2012) What's This?
 
    §  206.  Computing  periods  of limitation in particular actions.  (a)
  Where demand necessary. Except as provided in article 3 of  the  uniform
  commercial  code,  where  a  demand  is necessary to entitle a person to
  commence an action, the time within which the action must  be  commenced
  shall  be  computed  from  the time when the right to make the demand is
  complete, except that
    1. where a right grows out of the receipt or  detention  of  money  or
  property  by  a  trustee,  agent,  attorney  or other person acting in a
  fiduciary capacity, the time within which the action must  be  commenced
  shall be computed from the time when the person having the right to make
  the demand discovered the facts upon which the right depends; and
    2. where there was a deposit of money to be repaid only upon a special
  demand,   or  a  delivery  of  personal  property  not  to  be  returned
  specifically or in kind at a fixed time or upon a fixed contingency, the
  time within which the action must be commenced shall  be  computed  from
  the demand for repayment or return.
    (b)  Based on misconduct of agent. Where a judgment is entered against
  a principal in an action based upon an injury resulting from the act  or
  omission  of his deputy or agent, the time within which an action by the
  principal against the deputy or agent to recover damages  by  reason  of
  such  judgment  must  be commenced shall be computed, from the time when
  the action against the principal was finally determined. Where an injury
  results from the representation by a person that he  is  an  agent  with
  authority  to  execute  a  contract  in  behalf of a principal, the time
  within which an action to recover damages  for  breach  of  warranty  of
  authority  must be commenced by the person injured against the purported
  agent shall be computed from the time the person injured discovered  the
  facts constituting lack of authority.
    (c) Based on breach of covenant of seizin or against incumbrances.  In
  an  action  based  upon  breach  of  a  covenant  of  seizin  or against
  incumbrances, the time within which the action must be  commenced  shall
  be computed from an eviction.
    (d)  Based  on  account.  In  an  action based upon a mutual, open and
  current account, where there have been reciprocal  demands  between  the
  parties,  the  time  within  which the action must be commenced shall be
  computed from the time of the last transaction in the account on  either
  side.

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