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
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
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