Understanding New York’s One-Year Statute of Limitations for Specific Civil Claims (CPLR § 215)

Plain English Explanation

CPLR § 215 sets a shorter time limit—just one year—for filing certain civil lawsuits in New York. These include claims such as assault, battery, false imprisonment, libel, slander, and actions against police or municipal officers. If not filed within one year, these cases are usually dismissed, regardless of merit.

Real-Life Examples

• Example 1: A person falsely imprisoned by a store security guard on May 1, 2023 must file by May 1, 2024.
• Example 2: A defamation post on social media in June 2022 must be litigated by June 2023 or is time-barred.

Why This Law Matters

Some civil harms can be damaging and emotional—like being publicly defamed or physically assaulted. However, the law imposes a fast deadline to prevent stale claims. This means victims must act quickly to preserve their rights.

Key Limitations and Exceptions

• The one-year clock usually starts from the date of the incident or publication.
• Government-related claims may require filing a Notice of Claim within 90 days before suing.
• Tolling for minors or mental incapacity may apply in rare cases.

Key Legal Terms

• Libel: Written defamation that harms someone’s reputation.
• False Imprisonment: Unlawfully restraining a person’s freedom of movement.
• Notice of Claim: A required document for suing a government body.

Frequently Asked Questions

Q1: What if I didn’t know I was defamed?
A: The clock starts at the time of publication, not when you discover it.

Q2: Can I sue the police for false arrest?
A: Yes, but you must file a Notice of Claim within 90 days and then sue within one year.

Q3: Does online libel have a longer deadline?
A: No. Digital publications are treated the same as newspapers—1-year deadline still applies.

Legal References and Case Example

• CPLR § 215 – One-Year Statutes
• Diaz v. City of New York, 2020 NY Slip Op 03215

Expert Commentary

This statute surprises many people. One year passes quickly, especially when trauma or reputation damage is involved. The one-year limit is absolute—courts rarely allow flexibility. Consult a lawyer as soon as possible after any public injury or government-related harm.

User Experiences

• “I didn’t realize I had such a short time to sue. I missed my chance.” – Tanya K., Albany
• “Thanks to this site, I knew I had to file fast after being defamed online.” – Rob J., NYC

Related Articles

• How to File a Libel or Slander Case in NY
• False Arrest and Civil Claims Against Police