What Common Mistakes Do People Make With The Statute Of Limitations In NY? 6 Frequent Errors And How To Avoid Them
by Barsha Bhattacharya Blog 26 June 2025

People generally do not realize that it is very easy to make mistakes while dealing with time limits in legal cases.
Small common legal mistakes people make can lead to missed opportunities for the relevant and required actions.
Understanding the statute of limitations in New York plays an important role, as simple ignorance can lead to oversight or confusion.
People often miss their opportunity to attend court because of confusion. Confusion leads to case dismissal.
People should be aware of the rules and timelines as the first step in getting involved in a case, as it will lead to better representation.
Knowing the general rules prevents common legal mistakes people make.
Most Common Legal Mistakes People Make In New York
These are some of the common legal mistakes that people make in New York.
1. Failing To File Claims Within The Three-Year Limit For Legal Malpractice Under CPLR 214(6)
People often miss the opportunity to effectively file a legal malpractice claim because they do not act within the three-year time limit.
The law provides a timeline of three years from when the mistake took place in New York. The courts generally reject the case if the strict timeline is not followed.
This is one of the common legal mistakes people make. Some people think that the time starts when they realize the case.
The authorities count the deadline from the time the incident occurred rather than from when it was reported.
People often delay action while waiting for more evidence. People waste their time without even realizing it while waiting for more evidence.
The claimants lose their right to seek legal help for malpractice once the three-year time limit has passed.
People should keep track of their dates and act without waiting too long.
2. Overlooking The Tolling Of The Statute Of Limitations Due To Fraud Or Concealment By The Defendant
Tolling is one of the most common legal mistakes people make. The defendant hides important facts or lies about their actions, which pauses the statute of limitations.
This action is known as tolling. Tolling delays the case. People do not realize that the time to sue does not start when they realize that the fraud or concealment has happened. The time starts from when the actual action took place and lasts for three years.
These common legal mistakes people make lead to missed chances to file a lawsuit.
People fail to realize that simply being unaware of the harm is not enough. The claimant should prove active hiding or misleading by the other side. People who do not know about these things end up giving up their legal rights too soon.
3. Confusing The Time Constraints Of The Statute Of Limitations With The Statute Of Repose
People often confuse the Statute of limitations and the Statute of repose. People should understand that these two things are not the same.
The law considers the Statute of limitations to begin when the harm or accident has actually occurred.
The Statute of limitations marks the time within which a person needs to file a lawsuit after they became aware of the problem.
The Statute of Repose starts from a hard deadline that starts after a specific event, like the completion of a building.
Moreover, the Statute of repose does not change even when someone discovers the problem late.
People often get confused and miss their opportunity to attend court. People should know which rule applies in which given case in New York.
Confusing the Statute of limitations and the Statute of repose is a common legal mistake people make.
4. No Knowledge About Mistakes, Fraud, Or Misrepresentation Affecting Enforceability Of Deadlines
People fail to realize that the statute of limitations is affected by mistakes like fraud or misrepresentation.
The usual time limits for filing a lawsuit start later when someone signs a contract due to false information.
The law suggests the time for filing should begin from the date of finding the problem and not the date of signing the contract.
This is called “tolling” the statute of limitations.
The law also considers the scope for mistakes in the claim. Both parties often misunderstand the important fact. The court allows for the adjustment of the deadlines in such cases where both parties have misunderstood the contract.
5. Assuming All Claims Have The Same Statute Of Limitations Period
Many people think that every claim in New York has the same time limit to file a lawsuit, but this is not correct.
Different types of legal cases, like personal injury or contract disputes, can have very different deadlines.
For example, someone hurt in an accident usually has three years to file, but a case about a written contract might have six years.
People who assume the wrong limit lose the chance to bring a lawsuit.
There are also special rules for some claims, such as those against government agencies. These often have much shorter time frames and additional notice requirements.
People should double-check which timeline applies before starting any legal action.
6. Ignoring The Impact Of Contract Terms That May Shorten Statutory Deadlines
Many people assume they always have six years to file a lawsuit for a contract issue in New York. This is not always the case. Sometimes, the contract itself includes a shorter deadline for bringing claims.
If someone signs a contract with a shortened statute of limitations, this shorter period usually applies. Failing to notice this detail can cause a person to miss the deadline without realizing it.
Courts will often uphold these shorter deadlines if both parties agree to them when signing. People should carefully check all contract terms to find any language about time limits for legal action.
Missing these limits can mean losing the right to bring a case.
Things People Should Keep In Mind Before Filing A Lawsuit
Many people make mistakes with the statute of limitations in NY because they misunderstand how deadlines work or forget them.
The Judges dismiss these cases before listening to facts because they are filed outside the time limits.
People make some common errors in assuming the time to file can be extended. Claimants often do not understand that the situation can change when the countdown starts.
Knowing the rules and acting quickly helps avoid problems and protects legal rights.
People who make these common mistakes lose their chance to solve a dispute in court.
People should be vigilant about the timings within which they should file a statute. Delaying causes people to miss their opportunity to present themselves more effectively in court.
Common legal mistakes people make do not allow a case to be properly represented in court.