2022 New York Laws
CVP - Civil Practice Law and Rules
Article 2 - Limitations of Time
208 - Infancy, Insanity.

Universal Citation: NY CPLR § 208 (2022)
§  208.  Infancy,  insanity.  (a)  If a person entitled to commence an
action is under a disability because of infancy or insanity at the  time
the  cause  of  action  accrues,  and  the  time  otherwise  limited for
commencing the action is three years or more and expires no  later  than
three  years  after  the  disability  ceases,  or  the  person under the
disability dies, the time within which  the  action  must  be  commenced
shall  be  extended  to  three  years after the disability ceases or the
person under the disability dies, whichever event first occurs;  if  the
time  otherwise  limited  is  less  than  three years, the time shall be
extended by the period of disability. The time within which  the  action
must  be  commenced  shall  not be extended by this provision beyond ten
years after the cause of action accrues, except,  in  any  action  other
than  for medical, dental or podiatric malpractice, where the person was
under a disability due to infancy. This section shall not  apply  to  an
action to recover a penalty or forfeiture, or against a sheriff or other
officer for an escape.

(b) Notwithstanding any provision of law which imposes a period of limitation to the contrary and the provisions of any other law pertaining to the filing of a notice of claim or a notice of intention to file a claim as a condition precedent to commencement of an action or special proceeding, with respect to all civil claims or causes of action brought by any person for physical, psychological or other injury or condition suffered by such person as a result of conduct which would constitute a sexual offense as defined in article one hundred thirty of the penal law committed against such person who was less than eighteen years of age, incest as defined in section 255.27, 255.26 or 255.25 of the penal law committed against such person who was less than eighteen years of age, or the use of such person in a sexual performance as defined in section 263.05 of the penal law, or a predecessor statute that prohibited such conduct at the time of the act, which conduct was committed against such person who was less than eighteen years of age, such action may be commenced, against any party whose intentional or negligent acts or omissions are alleged to have resulted in the commission of said conduct, on or before the plaintiff or infant plaintiff reaches the age of fifty-five years. In any such claim or action, in addition to any other defense and affirmative defense that may be available in accordance with law, rule or the common law, to the extent that the acts alleged in such action are of the type described in subdivision one of section 130.30 of the penal law or subdivision one of section 130.45 of the penal law, the affirmative defenses set forth, respectively, in the closing paragraph of such sections of the penal law shall apply.

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