§ 215. Actions to be commenced within one year: against sheriff, coroner or constable; for escape of prisoner; for assault, battery, false imprisonment, malicious prosecution, libel or slander; for violation of right of privacy; for penalty given to informer; on arbitration award. The following actions shall be commenced within one year:

Terms Used In N.Y. Civil Practice Law and Rules 215

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Statute: A law passed by a legislature.

1. an action against a sheriff, coroner or constable, upon a liability incurred by him by doing an act in his official capacity or by omission of an official duty, except the non-payment of money collected upon an execution;

2. an action against an officer for the escape of a prisoner arrested or imprisoned by virtue of a civil mandate;

3. an action to recover damages for assault, battery, false imprisonment, malicious prosecution, libel, slander, false words causing special damages, or a violation of the right of privacy under § 51 of the civil rights law;

4. an action to enforce a penalty or forfeiture created by statute and given wholly or partly to any person who will prosecute; if the action is not commenced within the year by a private person, it may be commenced on behalf of the state, within three years after the commission of the offense, by the attorney-general or the district attorney of the county where the offense was committed; and

5. an action upon an arbitration award.

6. An action to recover any overcharge of interest or to enforce a penalty for such overcharge.

7. an action by a tenant pursuant to subdivision three of § 223-b of the real property law.

8. (a) Whenever it is shown that a criminal action against the same defendant has been commenced with respect to the event or occurrence from which a claim governed by this section arises, the plaintiff shall have at least one year from the termination of the criminal action as defined in § 1.20 of the criminal procedure law in which to commence the civil action, notwithstanding that the time in which to commence such action has already expired or has less than a year remaining.

* (b) Whenever it is shown that a criminal action against the same defendant has been commenced with respect to the event or occurrence from which a claim governed by this section arises, and such criminal action is for rape in the first degree as defined in § 130.35 of the penal law, or criminal sexual act in the first degree as defined in § 130.50 of the penal law, or aggravated sexual abuse in the first degree as defined in § 130.70 of the penal law, or course of sexual conduct against a child in the first degree as defined in § 130.75 of the penal law, the plaintiff shall have at least five years from the termination of the criminal action as defined in § 1.20 of the criminal procedure law in which to commence the civil action, notwithstanding that the time in which to commence such action has already expired or has less than a year remaining.

* NB Effective until September 1, 2024

* (b) Whenever it is shown that a criminal action against the same defendant has been commenced with respect to the event or occurrence from which a claim governed by this section arises, and such criminal action is for rape in the first degree as defined in § 130.35 of the penal law, or a crime formerly defined in § 130.50 of the penal law, or aggravated sexual abuse in the first degree as defined in § 130.70 of the penal law, or course of sexual conduct against a child in the first degree as defined in § 130.75 of the penal law, the plaintiff shall have at least five years from the termination of the criminal action as defined in § 1.20 of the criminal procedure law in which to commence the civil action, notwithstanding that the time in which to commence such action has already expired or has less than a year remaining.

* NB Effective September 1, 2024

9. Notwithstanding the opening paragraph of this section, an action that may be brought to recover damages for injury arising from domestic violence, as defined in § 459-a of the social services law, shall be commenced within two years. Nothing in this subdivision shall be construed to modify any time limitation contained in section two hundred fourteen of this article or subdivision eight of this section.

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