Legal Question in Civil Litigation in New York
I'm being sued for 16k by a title insurance company in supreme court, they claim that they made a error and applied real estate taxes collected at closing to my primary residence instead of the home I sold in 2003. . question 1, this happened more than six years ago; what is the statute of limitations. #2 In 2003 the title company called me several days later after closing and explained that they made an error and applied real estate taxes to the wrong house. they asked me to wright a check to reimburse them for the mistake. The next day i checked the tax records and no moneys was applied to my primary residence, I then called the title company to inform them of this and I never herd from them again. till now
2 Answers from Attorneys
Generally the limitations period is six (6) years.
Mike.
The statute of limitations for breach of contract is six years. But don't assume the six years has passed. Frequently parties wait until the last moment to sue. After the suit is filed, the plaintiff has 120 days to serve the complaint. So even though you were served beyond the six years, the suit was probably commenced on time.
If I may, do NOT attempt to defend yourself in Supreme Court without an attorney. The Supreme Court rules are highly technical. Even experienced attorneys make mistakes in the Supreme Court all of the time. With the recession, many good litigators are easily affordable.
Marshall
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