Legal Question in Personal Injury in New York

stopping the clock at statute of limitations

In simple terms, when a statute of limitations in a tort case is about to expire, will the filing of the case in court and obtaining of an index number stop the clock or is the actual service upon the defendent the ''clock stopper''

This is in NY state.

thanks

jug


Asked on 6/02/06, 2:33 pm

2 Answers from Attorneys
Alani Golanski Alani Golanski, Esq.

Re: stopping the clock at statute of limitations

In New York practice, the action is commenced upon filing of the summons and complaint (and commencement of the action is the operative event for statute of limitations purposes). The plaintiff then ordinarily has 120 days within which to serve these papers.

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Answered on 6/02/06, 2:54 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: stopping the clock at statute of limitations

Filing may toll the statute, but if you don't serve the defendant within the next 120 days, you have to start over again. There is also a 60 day tolling by filing provision if your statute is on the last few days.

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Answered on 6/02/06, 4:39 pm


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