New York

STATUTE OF LIMITATIONS

Personal Property: 3 Years

Personal Injury: 3 Years

Wrongful Death: 2 Years

Medical Malpractice: 2.5 Years

Breach of Contract (Written): 6 Years

Breach of Contract (Oral): 6 Years

Statute of Repose (Real Property): N/A

Statute of Repose (Products): N/A

Breach of Warranty: 4 Years

GOVERNMENT LIMITATIONS/NOTICE REQUIREMENTS

Notice of claim required within 90 days
Suit filed with 1 Years and 90 days

PIP/MED PAY SUBROGATION

PIP: YES
-when at least one vehicle involved weighs in excess of 6500 lbs or is used as a vehicle for hire
MED PAY: YES (Referred to as APIP or OBEL benefits)

CONTRIBUTORY NEGLIGENCE

Pure Comparative
Plaintiff’s damages will be reduced by their own liability no matter how large, so long as it’s less than 100% (i.e. 99% at fault can still recover 1%)

PARENTAL RESPONSIBILITY

Limitation on Parents’ Liability: $5,000.00

Liable when child between 10 and 18 causes willful, malicious, or unlawful destruction to real or personal property

CERTIFICATE/AFFIDAVIT OF MERIT REQUIREMENT

There is generally no requirement for filing a certificate or affidavit of merit for claims against professionals

JOINT AND SEVERAL LIABILITY

JOINT AND SEVERAL LIABILITY

-Exception for personal injury defendants who are less than 50% liable

VICARIOUS LIABILITY

AGAINST OWNER OF VEHICLE: YES

MADE WHOLE DOCTRINE

Applicable

DEDUCTIBLE REIMBURSEMENT

Pro-Rata reimbursement

Subrogation laws are constantly changing. Dickstein Law, LLC makes every effort to keep the state specific information up to date and accurate.  However, the information may become outdated or superseded by new law over time.  The state specific information contained on this site should not be construed as legal advice by Dickstein Law, LLC.  These materials are intended as a general information resource and should not be relied on for any specific claim or situation. If you have a subrogation question or if you notice an error in the information provided on this site, please contact Brandon Dickstein at brandon@dicksteinsubro.com.